.U 


LIBRARY 

w  OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

GIRT  OR 


Received  ,  igo 

Accession  No.       82.7..51    •    Class  No. 


THE 

SCHOOL  MANUAL, 


CONTAINING   THE 


LAWS  OF  I^HODE  ISLAND 
RELATING  TO  PUBLIC  INSTRUCTION, 


DECISIONS,  REMARKS,  AND  FORMS, 


FOR  THE  USE  OF  SCHOOL  OFFICERS. 


1896. 


Prepared,  in  accordance  with  a  Eesolution  of  the  General  Assembly,  by 
THOMAS  B.  STOCKAVELL,  Gpr" mimi-Mm'  "f  Public  Schools. 


PROVIDENCE : 

E.    L.  FREEMAN   &  SON,   STATE  PRINTERS. 

1896. 


NOTE. 


This  book  is  public  property  and  is  for  the  use  of  School 
Officers.  It  is  to  be  delivered  by  each  officer  to  his  successor 
in  office,  and  a  copy  should  be  accessible  for  consultation  at  all 
school  meetings. 


RESOLUTION 


AUTHORIZING  AND  DIRECTING  THE   COMMISSIONER   OF  PUBLIC    SCHOOLS 
TO   PREPARE   A 


SCHOOL  MANUAL 


(Passed  May  Session,  1895.) 


Resolved,  That  the  commissioner  of  public  schools  be,  and  he  is 
hereby,  authorized  and  directed  to  prepare  a  manual  for  the  use 
of  the  officers  of  the  public  schools  of  this  state,  which  shall  con- 
tain such  portions  of  the  General  Laws  of  this  state  as  relate  to 
education,  and  such  decisions  of  the  supreme  court  and  of  the 
commissioners  of  public  schools  arising  under  the  school  laws, 
and  such  other  matter  including  forms  and  rules  of  procedure, 
as  he  may  deem  advisable;  and  he  is  further  authorized  and 
directed  to  cause  to  be  printed  and  bound  three  thousand  copies 
of  the  same  when  approved  by  the  state  board  of  education;  and 
the  state  auditor  is  hereby  authorized  and  directed  to  draw  his 
orders  on  the  general  treasurer  for  the  payment  of  the  expense 
of  the  preparation,  printing,  and  binding  of  said  manual  upon 
the  order  of  the  aforesaid  state  board  of  education,  and  the  sum 
of  twenty -five  hundred  dollars,  or  so  much  thereof  as  may  be 
necessary  is  hereby  appropriated  for  such  purpose  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 


82751 


RESOLUTION  OF  APPROVAL 


5TATE  BOARD  OF  EDUCATION 


AUGUST  8,  1895. 


Resolved,  That  the  state  board  of  education,  having  examined 
the  "School  Manual"  prepared  by  the  commissioner  of  public 
schools,  in  accordance  with  the  resolution  passed  at  the  May 
Session,  1895,  hereby  approve  the  same  and  order  its  publica- 
tion. 


CHARLES  WARREN  LIPPITT, 
EDWIN  R.  ALLEN, 
SAMUEL  W.  K.  ALLEN, 
JOHN  E.  KENDRICK, 
SAMUEL  H.  CROSS, 
FRANK  E.  THOMPSON, 
GEORGE  T.  BAKER, 
CHARLES  J.  WHITE. 


State  Board 

of 
Education. 


i* 


CONTENTS. 


EXTRACTS  FROM  THE  CONSTITUTION  OP  THE  STATE. 

PAGE. 
ART.       I.     Declaration  of  certain  constitutional  rights  and 

principles 1 

IX.     Of  qualifications  for  office 3 

XII.     Of  education 3 

EXTRACTS  FROM  THE  GENERAL  LAWS. 

Chapter  6. 
Of  the  rights  and  qualifications  of  voters. 5 

Chapter  7. 
Of  the  registering,  listing  and  returning  lists  of  voters,  and 

of  proof  of  their  qualification  to  vote 7 

Chapter  25.  . 
Of  oaths,  and  by  whom  administered 10 

Chapter  26. 
Of  the  construction  of  statutes 11 

Chapter  30. 
Of  the  permanent  school  fund 14 


Vlll.  SCHOOL  MANUAL. 

PAGE. 
Chapter  31. 

Of  the  public  records 16 

•    Chapter  36. 
Of  the  powers  of,  and  of  suits  by  and  against,  towns 17 

Chapter  43. 
Of  the  establishment  and  control  of  free  public  libraries  by 

towns 19 

Chapter  44. 
Of  property  liable  to,  and  exempt  from,  taxation 21 

Chapter  47. 
Of  assessing  and  collecting  poll  taxes 23 

Chapter  48. 
Of  the  collection  of  taxes 24 

Chapter  50. 
General  provisions  concerning  taxes 81 

Title  IX. 
Chapter  51.     Of  the  board  of  education 33 

52.  Of  the  commissioner  of  public  schools 36 

53.  Of  the  appropriation  for  public  schools 38 

54.  Of  the  powers  and  duties  of  towns  and  of  the 

town  treasurer  and  town  clerk  relative  to 
public  schools 41 

55.  Of  the  powers  of  school  districts 46 


CONTENTS.  IX. 

PAGE. 

56.  Of  district  meetings 48 

57.  Of  joint  school  districts 50 

58.  Of  the  levy  of  district  taxes 53 

59.  Of  the  trustees  of  school  districts 56 

60.  Of  the  powers  and  duties  of  school  committees  58 

61.  Of  teachers 65 

62.  Of  legal  proceedings  relating  to  public  schools  67 

63.  Of  the  normal  school,  teachers'  institutes  and 

lectures 71 

64.  Of  truant  children,  and  of  the  attendance  of 

children  in  the  public  schools 73 

65.  General  provisions  relating  to  public  schools.  79 

66.  Of  the  R.  I.  College  of  Agriculture  and  Me- 

chanic Arts  84 

67.  Of  State  beneficiaries  at  the  R.  I.  School  of 

Design 88 

68.  Of  factory  inspection 89 

Chapter  85. 
Of  provision  for  the  education  of  deaf,  blind,  and  imbecile 

children 91 

Chapter  86. 

Of  the  Rhode  Island  Institute  for  the  Deaf 92 

Chapter  87. 

Of  the  State  Home  and  School  for  Children 95 

Chapter  111. 

Of  dogs 100 


X.  SCHOOL   MANUAL. 

PAGE. 
Chapter  166. 

Of  bills  of  exchange  and  promissory  notes,  and  of  legal  in- 
terest     104 

Chapter  176. 
Of  incorporation 105 

Chapter  278. 
Of  offences  against  public  peace 108 

Chapter  279. 
Of  offences  against  private  property 108 

Chapter  283. 
Of  offences  against  public  policy 109 

DECISIONS. 

Exemption  from  taxation 113 

Powers  and  duties  of  towns ....  115 

Powers  of  districts  and  district  officers , 122 

District  meetings 147 

District  taxes 189 

Trustees. 208 

Powers  and  duties  of  school  committee,  and  apportionment 

and  uses  of  school  money 222 

Teachers 249 

Legal  proceedings  259 


CONTENTS.  XI. 

REMARKS. 

PAGE. 

Board  of  education  292 

Commissioner  of  public  schools 293 

Towns 294 

Town  clerks 295 

Town  treasurers 296 

School  committees 297 

School  superintendents 324 

Districts... 328 

Taxation 342 

Teachers  . .    348 

Appeals 357 

Education  of  the  dependent  and  defective  classes 358 

Libraries 359 

Forms 362 

Index  to  General  Laws 395 

Index  to  decisions 422 

Index  to  remarks  and  forms ...  432 


EXTRACTS 


of  Iptocle  Island. 


ARTICLE  I. 
DECLARATION  OF  RIGHTS. 

SECTION 

2.  Object   of  government.— How 

laws  should  be  made  and  bur- 
dens distributed. 

3.  Religious  freedom  secured. 

ARTICLE  IX. 

QUALIFICATIONS  FOR  OFFICE. 

SECTION 
1.    Qualified  electors  only  eligible. 


ARTICLE  XII. 
EDUCATION. 


SECTION 


Duty  of   general  assembly   to 

promote  schools,  etc. 
The  permanent  school  fund. 
Donations      for      support     of 

schools. 
Powers   of    general    assembly 

under  this  article. 


PREAMBLE. 

WE,  the  people  of  the  State  of  Rhode  Island  and 
Providence  Plantations,  grateful  to  Almighty  God  for 
the  civil  and  religious  liberty  .which  He  hath  so  long 
permitted  us  to  enjoy,  and  looking  to  Him  for  a  bless- 
ing upon  our  endeavors  to  secure  and  to  transmit  the 
same  unimpaired  to  succeeding  generations,  do  ordain 
and  establish  this  constitution  of  government. 


2  SCHOOL  MANUAL. 

ARTICLE  I. 

Declaration  of   Certain    Constitutional  Rights  and 
Principles. 

In  order  effectually  to  secure  the  religious  and  polit- 
ical freedom  established  by  our  venerated  ancestors, 
and  to  preserve  the  same  for  our  posterity,  we  do 
declare  that  the  essential  and  unquestionable  rights 
and  principles  hereinafter  mentioned  shall  be  estab- 
lished, maintained  and  preserved,  and  shall  be  of 
paramount  obligation  in  all  legislative,  judicial  and 
executive  proceedings. 

SECTION  2.  All  free  governments  are  instituted  for 
the  protection,  safety  and  happiness  of  the  people. 
All  laws,  therefore,  should  be  made  for  the  good  of 
the  whole  ;  and  the  burdens  of  the  State  ought  to  be 
fairly  distributed  among  its  citizens. 

SEC.  3.  Whereas  Almighty  God  hath  created  the 
mind  free  ;  and  all  altempts  to  influence  it  by  tempo- 
ral punishments  or  burdens,  or  by  civil  incapacitations, 
tend  to  beget  habits  of  hypocrisy  and  meanness  ;  and 
whereas  a  principal  object  of  our  venerable  ancestors, 
in  their  migration  to  this  country  and  their  settlement 
of  this  State,  was,  as  they  expressed  it,  to  hold  forth 
a  lively  experiment,  that  a  flourishing  civil  State  may 
stand  and  be  best  maintained  with  full  liberty  in  relig- 
ious concernments  :  we,  therefore,  declare  that  no 
man  shall  be  compelled  to  frequent  or  to  support  any 
religious  worship,  place,  or  ministry  whatever,  except 
in  fulfillment  of  his  own  A^oluntary  contract ;  nor  en- 
forced, restrained,  molested,  or  burdened  in  his  body 
or  goods  ;  nor  disqualified  from  holding  any  office  ; 


EXTRACTS  FROM  CONSTITUTION  OF  RHODE  ISLAND.        3 

nor  otherwise  suffer  on  account  of  his  religious  belief  ; 
and  that  every  man  shall  be  free  to  worship  God  ac- 
cording to  the  dictates  of  his  own  conscience,  and  to 
profess  and  by  argument  to  maintain  his  opinion  in 
matters  of  religion;  and  that  the  same  shall  in  no  wise 
diminish,  enlarge,  or  affect  his  civil  capacity. 

ARTICLE  IX. 

Of  Qualifications  for  Office. 

SECTION  1.  Xo  person  shall  be  eligible  to  any  civil 
office,  (except  the  office  of  school  committee),  unless 
he  be  a  qualified  elector  for  such  office. 

ARTICLE  XII. 

Of  Education. 

SECTION  1.  The  diffusion  of  knowledge,  as  well  as 
of  virtue,  among  the  people,  being  essential  to  the 
preservation  of  their  rights  and  liberties,  it  shall  be 
the  duty  of  the  general  assembly  to  promote  public 
schools,  and  to  adopt  all  means  which  they  may  deem 
necessary  and  proper  to  secure  to  the  people  the  ad- 
vantages and  opportunities  of  education. 

» 

SEC.  2.  The  money  which  now  is  or  which  may 
hereafter  be  appropriated  by  law  for  the  establishment 
of  a  permanent  fund  for  the  support  of  public  schools, 
shall  be  securely  invested,  and  remain  a  perpetual 
fund  for  that  purpose. 

SEC.  3.  All  donations  for  the  support  of  public 
schools,  or  for  other  purposes  of  education,  which  may 


4  SCHOOL  MANUAL. 

be  received  by  the  general  assembly,  shall  be  applied 
according  to  the  terms  prescribed  by  the  donors. 

SEC.  4.  The  general  assembly  shall  make  all  nec- 
essaiy  provisions  by  law  for  carrying  this  article  into 
effect.  They  shall  not  divert  said  money  or  fund  from 
the  aforesaid  uses,  nor  borrow,  appropriate,  or  use  the 
same,  or  any  part  thereof,  for  any  other  purpose,  un- 
der any  pretence  whatsoever. 


EXTRACTS  FROM  THE  GENERAL  LAWS 


of 


RELATING  TO 


PUBLIC   INSTRUCTION. 


IN   THE  YEAR  OF  OUR  LORD  1896. 


CHAPTER  6. 


Of  the  Rights  and  Qualifications  of  Voters. 


SECTION 

1.  Classification  of  voters  as  regis- 
tered and  unregistered,  and 
their  rights  to  vote. 


SECTION 

2.  Right  to  vote  on  real  estate,  sit- 
uated in  town  other  than  that 
in  which  voter  resides. 


SECTION  1.  The  two  following  classes  of  persons 
have,  by  the  constitution,  the  first  as  registered  and 
the  second  as  unregistered  voters,  a  right  to  vote  in 
the  election  of  all  civil  officers,  and  on  all  questions 
in  all  legally  organized  town,  ward  or  district  meet- 
ings : 


6  SCHOOL   MANUAL. 

First,  Every  male  citizen  of  the  United  States,  of 
the  age  of  twenty-one  years,  who  has  had  his  resi- 
dence and  home  in  this  state  for  two  years,  and  in 
the  town  or  city,  in  which  he  may  offer  to  vote,  six 
months  next  preceding  the  time  of  his  voting,  and 
whose  name  shall  be  registered,  in  the  town  or  city 
where  he  resides,  on  or  before  the  last  day  of  Decem- 
ber in  the  year  next  preceding  the  time  of  his  voting  : 
Provided,  that  no  person  shall  at  any  time  be  allowed 
to  vote  in  the  election  of  the  city  council  of  any  city, 
or  upon  any  proposition  to  impose  a  tax  or  for  the 
expenditure  of  money  in  any  town  or  city,  unless  he 
shall  within  the  year  next  preceding  have  paid  a  tax 
assessed  upon  his  property  therein,  valued  at  least 
at  one  hundred  and  thirty-four  dollars. 

Second,  Every  male  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years,  who  has  had  his  resi- 
dence and  home  in  this  state  for  one  year,  and  in  the 
town  or  city,  in  which  he  may  claim  a  right  to  vote, 
six  months  next  preceding  the  time  of  voting,  and 
who  is  really  and  truly  possessed  in  his  own  right  of 
real  estate  in  such  town  or  city  of  the  value  of  one 
hundred  and  thirty-four  dollars  over  and  above  all 
incumbrances,  or  which  shall  rent  for  seven  dollars 
per  annum  over  and  above  any  rent  reserved  or 
the  interest  of  any  incumbrances  thereon,  being  an 
estate  in  fee-simple,  fee-tail,  for  the  life  of  any  per- 
son, or  an  estate  in  reversion  or  remainder,  which 
qualifies  no  other  person  to  vote,  the  conveyance  of 
which  estate,  if  by  deed,  shall  have  been  recorded  at 
least  ninety  days. 

SEC.  2.  The  following  class  of  persons  have,  by 
the  constitution,  as  unregistered  voters,  a  right  to 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  7 

vote  in  the  election  of  all  general  officers  and  mem- 
bers of  the  general  assembly,  in  the  town  or  city  in 
which  they  shall  have  had  their  residence  and  home 
for  the  term  of  six  months  next  preceding  the  elec- 
tion :— 

Every  male  citizen  of  the  United  States,  of  the  age 
of  twenty-one  years,  who  has  had  his  residence  and 
home  in  this  state  for  one  year,  and  shall  own  any 
such  real  estate  within  this  state,  but  out  of  the  town 
or  city  in  which  he  resides,  as  is  described  in  the 
second  clause  of  the  first  section  of  this  chapter,  and 
who  shall  produce  a  certificate  from  the  clerk  of  the 
town  or  city  in  which  his  estate  lies,  bearing  date 
within  ten  days  of  the  time  of  his  voting,  setting 
forth  that  such  person  has  a  sufficient  estate  therein 
to  qualify  him  as  a  voter,  and  that  the  deed,  if  any, 
has  been  recorded  ninety  days. 


CHAPTER  7. 

Of  the  Registering,  Listing  and  Returning  Lists  of 
Voters,  and  of  Proof  of  their  Qualification  to  Vote. 

SECTION  |  SECTION 

2.  Registry     voters     to    register  \     13.    Town  clerks  to  give  certified 

themselves  annually.  copies  of  registration  of  vot- 

3.  Names  of  property   taxpayers  ers  and  other  records. 

to  be  put  on  voting  list ;  and  j  14.    Electors  entitled  to  certified 

annual  registry  not  required,  j  lists  of  persons  paying  taxes, 

8.  Proof  of  payment  of  taxes.  etc.,  and  penalty  for  refusal 

12.  Town  clerks,  etc.,  to  furnish  to  furnish  same. 

certified   copies    of    lists  of 

voters  on  demand,  etc. 

SEC.  2.  Every  person  who  is  or  within  a  year  may 
be  qualified  to  vote,  upon  being  registered,  shall  go 
to  the  town  clerk  of  the  town  in  which  he  resides, 


,$  SCHOOL  MANUAL. 

.and  shall  annually,  on  or  before  the  last  day  of 
December,  register  his  name,  and  thereby  certify  to 
the  truth  of  the  facts  stated  in  the  appropriate  heads 
of  such  registry.  Everj^  person  who  shall  knowingly 
make  any  false  certificate  in  registering  his  name  in 
•any  such  registry  book  shall  be  fined  not  exceeding 
fifty  dollars,  or  be  imprisoned  not  exceeding  sixty 
days  :  Provided,  that  before  any  person's  name  shall 
be  placed  upon  the  voting  list,  if  such  citizen  shall 
be  of  foreign  birth,  he  shall  file  proof,  at  least  five 
days  before  any  meeting  of  the  board  of  canvassers, 
with  the  town  clerk,  that  he  is  a  citizen  of  the  United 
•States,  and  such  proof  shall  be  subject  to  the  ap- 
proval of  the  board  of  canvassers  of  the  town  or 
ward  wherein  such  person  shall  claim  the  right  to 
vote. 

SEC.  3.  The  several  town  and  ward  clerks  shall 
annually  place  upon  the  voting  list  the  names  of  the 
several  persons  who  have  previously  been  upon  the 
voting  list,  according  to  the  provisions  of  this  chap- 
ter, against  whom  a  property  tax  to  the  amount  of 
one  dollar  or  upwards  shall  have  been  assessed  ;  and 
such  persons  need  not  register  their  names  annually 
•as  is  required  of  persons  not  paying  a  property  tax. 

SEC.  8.  The  proof  of  the  payment  of  taxes  upon 
real  estate  or  personal  property  shall  be  the  certifi- 
cate of  the  collector  of  taxes  or  town  treasurer  ;  and 
the  receipt  or  returns  of  the  collector  of  taxes  shall 
be  sufficient  evidence  for  the  purpose  of  procuring 
the  certificate  of  the  town  treasurer.  In  case  of  a 
school-district  or  highway  tax,  when  by  law  the  same 
may  be  paid,  whether  in  money  or  labor,  to  a  sur- 
veyor of  highways  or  to  a  district  collector,  the  re- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  9 

ceipt  of  such  surveyor  or  district  collector  shall  be 
sufficient  evidence  of  such  payment  for  the  purpose 
of  procuring  the  certificate  of  the  collector  of  taxes 
or  of  the  town  treasurer. 

SEC.  12.  Every  town,  ward  or  district  clerk,  upon 
payment  or  tender  of  his  legal  fees,  which  shall  be 
the  same  for  the  ward  and  district  clerks  as  for  the 
town  clerks,  shall  furnish  to  any  one  demanding  the 
same  a  certified  copy  of  any  list  of  voters  whose 
votes  have  been  given  in  at  any  election. 

SEC.  13.  Every  town  clerk  shall,  upon  like  pay- 
ment or  tender,  furnish  to  any  person  demanding  the 
same  a  certified  copy  of  any  registration  of  voters, 
and  shall  also,  upon  request  of  any  person  and  ten- 
der of  legal  fees,  and  without  any  unreasonable  de- 
lay, examine  the  records  and  certify  to  the  estate  of 
any  person,  and  shall  furnish  copies  of  any  instru- 
ment or  writing  which  may  be  on  record  or  in  the 
files  of  his  office. 

SEC.  14.  Every  officer  authorized  to  receive  taxes 
shall,  upon  like  request  and  payment  or  tender,  and 
without  unreasonable  delay,  furnish  to  any  elector  a 
certified  list  of  those  who  have  paid  to  him  state  and 
town  taxes,  and  the  amounts  and  times  of  such  pa}^- 
ments ;  and  shall  grant  certificates  setting  forth 
whether  a  certain  person  has  or  has  not  paid  to  him 
such  taxes,  and,  if  paid,  to  what  amount  and  at  what 
time  ;  and  every  such  officer  who  shall  refuse  or  un- 
reasonably delay  to  furnish  such  lists  or  certificates, 
upon  payment  or  tender  as  aforesaid,  shall  for  every 
such  offence  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  two  hundred  dollars. 


10  SCHOOL  MANUAL. 

CHAPTER  25. 

Of  Oaths,  and  by  whom  Administered. 


SECTION 

5.    Form  of  engagement. 
9.    Who*   may     administer    oaths 
throughout  the  state. 


SECTION 

within  their  respective  coun- 
ties and  towns. 
11.    Who  may  administer  oaths  in 


10.    Who   may   administer    oaths  I  connection  with  their  offices. 

SEC.  5.  Every  person,  except  the  justices  of  the 
supreme  court,  elected  to  office  b}^  the  general  assem- 
bly, or  by  either  house  thereof,  or  by  any  town  or 
town  council,  or  under  the  provisions  of  the  law  in 
relation  to  public  schools,  or  appointed  to  office,  civil 
or  military,  by  the  governor,  shall,  before  he  shall  act 
therein,  take  the  following  engagement  before  some 
person  authorized  to  administer  oaths,  namely  :  I, 
[naming  the  person],  do  solemnly  swear  (or,  affirm) 
that  I  will  faithfully  and  impartially  discharge  the 
duties  of  the  office  of  [naming  the  office]  according 
to  the  best  of  my  abilities,  and  that  I  will  support 
the  constitution  and  laws  of  this  state,  and  the  con- 
stitution of  the  United  States,  so  help  me  God  :  [  Or: 
This  affirmation  I  make  and  give  upon  the  peril  of 
the  penalty  of  perjury]. 

SEC.  9.  The  following  persons  may  administer 
oaths  anywhere  within  the  state  :  The  governor, 
lieutenant-governor,  secretary  of  state,  attorney-gen- 
eral, assistant  attorney-general,  general  treasurer, 
justices  of  the  supreme  court,  speaker  of  the  house 
of  representatives,  commissioners  appointed  by  other 
states  to  take  acknowledgments  of  deeds  and  deposi- 
tions within  this  state,  notaries  public,  the  railroad 
commissioner,  the  insurance  commissioner,  and  the 
commissioners  of  shell  fisheries. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION. 


11 


SEC.  10.  The  following  persons  may  administer 
oaths  within  the  respective  counties  and  towns  for 
which  they  may  be  elected  to  office  :  Clerks  of  courts, 
state  senators,  justices  and  assistant  justices  of  the 
district  courts,  justices  of  the  peace,  mayors  of  cities, 
judges  of  probate,  presidents  of  town  councils,  or 
persons  acting  as  such,  town  clerks  and  town  wardens. 

SEC.  11.  The  following  persons  may  administer 
oaths  in  relation  to  all  matters  connected  with,  or  in 
administering  the  duties  of,  their  respective  offices  : 
The  school  commissioner,  foremen  of  grand  juries, 
members  of  committees  of  either  house  of  the  gen- 
eral assembly  or  of  joint  committees  thereof,  chair- 
men of  committees  of  either  board  of  a  city  council 
or  of  joint  committees  thereof,  members  of  town 
councils,  auditors,  referees,  masters  in  chancery, 
clerks  of  school  districts,  commissioners  on  insolvent 
estates,  members  of  the  board  of  state  charities  and 
corrections,  coroners,  deputy-coroners,  assessors  of 
taxes,  the  presiding  officer  of  the  state  board  of  phar- 
macy, general  and  field  officers,  judge  advocate-gen- 
eral arid  brigade  judge-advocate. 


CHAPTER  20. 

Of  the  Construction  of  Statutes. 


SECTION 


1.  Rules  of  construction,  when  to 

be  applied. 

2.  Genders. 

3.  Numbers. 

4.  Joint    authority    of     three    or 

more  authorizes  a  majority. 

5.  "  Person." 

(5.    "Insane  person." 


SECTION 

7.  "United  States." 

8.  "Town,"       "town      council."1 

"town  clerk,"  "ward  clerk," 
"town  treasurer,"  "town 
sergeant." 

9.  "Land"  or  "lands."  "real  es- 

tate." 

10.  "Oath,"  "sworn,"  "engaged.  ' 


12  SCHOOL  MANUAL. 


SECTION 


SECTION 


11.  "  Month,"  "  year."  lie  acts  for  purposes  of  plead- 

12.  Computation  of  time.  ing. 

13.  "Justice  of  the  peace,"  "dis-  16.    Repeal,  effect  of ,  in  civil  cases. 

trict  court."  18.    Repeal  not  to  revive  statutes 

14.  "Seal."  repealed. 

15.  Acts  of  incorporation  are  pub-  19.    Statutes,  when  to  take  effect. 

SECTION  1.  In  the  construction  of  statutes  the 
provisions  of  this  chapter  shall  be  observed,  unless 
the  observance  of  them  would  lead  to  a  construction 
inconsistent  with  the  manifest  intent  of  the  general 
assembly,  or  be  repugnant  to  some  other  part  of  the 
same  statute. 

SEC.  2.  Every  word  importing  the  masculine  gen- 
der only,  may  be  construed  to  extend  to  and  to  in- 
clude females  as  well  as  males. 

SEC.  3.  Every  word  importing  the  singular  num- 
ber only,  may  be  construed  to  extend  to  and  to  in- 
clude the  plural  number  also  ;  and  every  word  im- 
porting the  plural  number  only,  may  be  construed  to 
extend  to  and  to  embrace  the  singular  number  also. 

SEC.  4.  All  words  purporting  to  give  a  joint 
authority  to  three  or  more  officers  or  persons  shall  be 
so  construed  as  to  give  such  authority  to  a  majority 
of  them. 

SEC.  o.  The  word  "  person  "  may  be  construed  to 
extend  to  and  include  copartnerships  and  bodies  cor- 
porate and  politic. 

SEC.  6.  The  words  "  insane  person  "  shall  be  con- 
strued to  include  every  idiot,  person  of  unsound 
mind,  lunatic  and  distracted  person. 

SEC.  7.     The  words  "  United  States  "  shall  be  con- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION  13 

strued  to  include  the  several  states  and  the  territo- 
ries of  the  United  States. 

SEC.  8.  The  word  "  town "  may  be  construed  to 
include  city,  or  the  District  of  Narragansett ;  the 
words  "  town  council,"  board  of  aldermen  or  the  dis- 
trict council  of  the  District  of  Narragansett  ;  the 
words  "  town  clerk,"  city  clerk  or  the  clerk  of  the 
District  of  Narragansett ;  the  words  "  ward  clerk," 
clerk  of  election  district ;  the  words  "  town  treas- 
urer," city  treasurer  or  the  treasurer  of  the  District 
of  Narragansett;  and  the  words  "town  sergeant," 
city  sergeant  or  the  district  sergeant  of  the  District 
of  Narragansett. 

SEC.  9.  The  word  "land"  or  "lands,"  and  the* 
words  "real  estate,"  may  be  construed  to  include 
lands,  tenements  and  hereditaments,  and  rights 
thereto  and  interests  therein. 

SEC.  10.  The  word  "oath"  shall  be  construed  to 
include  affirmation  ;  the  word  "  sworn,"  affirmed  ; 
and  the  word  "  engaged,"  either  sworn  or  affirmed. 

SEC.  11.  The  words  "month"  and  "year"  shall 
be  construed  to  mean  a  calendar,  month  and  year. 

SEC.  12.  Whenever  time  is  to  be  reckoned  from 
any  day,  date,  or  act  done,  or  the  time  of  any  act 
done,  such  day,  date,  or  the  day  when  such  act  is 
done,  shall  not  be  included  in  such  computation. 

SEC.  13.  The  words  "justice  of  the  peace  "may 
be  construed  to  include  warden  of  the  peace,  and  the 
words  "  district  court "  to  include  warden's  court. 


14  SCHOOL  MANUAL. 

SEC.  14.  Whenever  a  seal  is  required  to  be  affixed 
to  any  paper,  the  word  "  seal "  shall  be  construed  to- 
include  an  impression  of  such  seal  made  with  or  with- 
out the  use  of  wax  or  wafer  on  the  paper. 

SEC.  15.  Every  act  of  incorporation  shall  be  so 
far  deemed  a  public  act,  that  the  same  may  be  de- 
clared on  and  given  in  evidence,  without  specially 
pleading  the  same. 

SEC.  16.  The  repeal  of  any  statute  shall  in  no  case 
affect  any  act  done,  or  any  right  accrued,  acquired 
or  established,  or  any  suit  or  proceeding  had  or  com- 
menced in  any  civil  case  before  the  time  when  such 
repeal  shall  take  effect. 

SEC.  18.  The  repeal  of  any  statute  shall  not  be 
construed  to  revive  any  other  statute  which  has  been 
repealed. 

SEC.  19.  Every  statute  which  does  not  expressly 
prescribe  the  time  when  it  shall  go  into  operation,, 
shall  take  effect  on  the  tenth  day  next  after  the  ris- 
ing of  the  general  assembly  at  the  session  thereof  at 
which  the  same  shall  be  passed. 


CHAPTER  30. 

Of  the  Permanent  School  Fund. 


SECTION 


SECTION 


1.  Custody  and  investment.  4.    Additions,  how  they  are  to  be 

2.  Money  from  auctioneers  to  be  invested. 

added  to  the  fund.  5.    Income  to  be  appropriated  for 
8.    School     money    forfeited    by  support  of  public  schools, 

towns,  to  be  added  to   the 
fund. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  15 

SECTION  1.  The  general  treasurer,  with  the  ad- 
vice of  the  governor,  shall  have  full  power  to  regu- 
late the  custody  and  safe  keeping  of  the  fund  now 
constituting  the  permanent  fund  for  the  support  of 
public  schools,  and  shall  keep  the  same  securely  in- 
vested in  the  capital  stock  of  some  safe  and  respon- 
sible bank  or  banks  or  in  bonds  of  towns  or  cities 
within  this  state. 

SEC.  2.  The  money  that  shall  be  paid  into  the 
state  treasury  by  auctioneers,  for  duties  accruing  to 
the  use  of  the  state,  is  appropriated,  and  the  same 
shall  annually  be  added  to  said  school  fund,  for  the 
permanent  increase  thereof. 

SEC.  3.  Whenever  any  money  appropriated  to  any 
town  from  the  state  treasur}^  for  the  support  of  pub- 
lic schools  therein,  shall  have  been  forfeited  by  such 
town,  the  same  shall  be  added  to  said  school  fund, 
and  shall  forever  remain  a  part  thereof. 

SEC.  4.  The  general  treasurer,  with  the  advice  of 
the  governor,  shall  from  time  to  time  securely  invest 
all  sums  of  money  hereby  directed  to  be  added  to 
said  fund,  in  the  capital  stock  of  some  safe  and  re- 
sponsible bank  or  banks  or  in  bonds  of  any  town  or 
city  within  this  state. 

SEC.  5.  The  income  arising  from  said  fund  so  in- 
vested shall  annually  be  appropriated  for  the  sup- 
port of  public  schools  in  the  several  towns. 


16 


SCHOOL  MANUAL. 


CHAPTER  31. 

Of  the  Public  Records. 


SECTION 


Officers  to  deliver  official 
records,  etc.,  to  their  suc- 
cessors in  office,  or  to  secre- 
tary of  state,  when.  Pen- 
alty for  neglect. 


SECTION 

2.  Penalty  for  neglect  by  other 
than  the  lawful  custodian,  to 
deliver  official  records,  etc. 


SECTION  1.  Every  person  who  shall  hold  a  public 
office  shall,  upon  leaving  the  same,  deliver  to  his  suc- 
cessor in  office,  or,  if  there  be  no  successor,  to  the 
secretary  of  state,  all  records,  books,  writings,  letters 
and  documents,  kept  or  received  by  him  in  the  trans- 
action of  his  official  business,  and  all  moneys  in  his 
hands  which  he  shall  have  received  as  trust  funds 
from  any  person  or  otherwise  in  the  course  of  his  offi- 
cial business  ;  and  every  such  person  who  shall,  with- 
out just  cause,  refuse  or  neglect  for  the  space  of  ten 
days  after  request  made  in  writing  by  any  citizen  of 
the  state,  to  deliver  as  herein  required  such  records, 
books,  writings,  letters  or  documents,  or  to  pay  over 
such  moneys,  to  the  person  authorized  to  receive  the 
same,  shall  be  fined  not  exceeding  five  hundred  dol- 
lars and  be  imprisoned  not  exceeding  five  years. 

SEC.  2.  Every  person,  other  than  the  lawful  cus- 
todian thereof,  who  shall  have  in  his  possession,  or 
under  his  control,  any  such  record,  book,  writing,  let- 
ter or  document  as  is  designated  in  section  one  of 
this  chapter,  and  who  shall,  without  just  cause,  re- 
fuse or  neglect  for  the  space  of  ten  days  after  request 
made  in  writing  by  any  citizen  of  the  state,  to  deliver 
such  record,  book,  writing,  letter  or  document  to  the 
lawful  custodian  of  the  same,  shall  be  fined  not  ex- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  17 

ceeding  five  hundred  dollars  and  be  imprisoned  not 
exceeding  five  years. 


CHAPTER  36. 
Of  the  Powers  of,  and  of  Suits  by  and  against,  Towns. 

SECTION  !  SECTION 

4.  Towns  may  grant  money  for  |     7.    May  appropriate  money  for  free 

schools,    schoolhouses     and  i  public  library  not  its  own. 

school  libraries.  i    21.    Town  indebtedness  limited  to 

5.  Towns  may  establish  free  pub-  three  per  centum  of  taxable 


lie  libraries. 


property. 


May  appropriate  money  for  the  !    22.    Town  taxes  limited  to  one  per 
maintenance,    etc.,  of   such  ;  centum  of  ratable  property, 

libraries. 


SEC.  4.  Towns  may,  at  any  legal  meeting,  grant 
and  vote  such  sums  of  money  as  they  shall  judge 

necessary  : — 

****** 

For  the  support  of  schools,  purchase  of  sites  for 
and  the  building  and  repair  of  schoolhouses  ;  and 
for  the  establishing  and  maintaining  of  school  libra- 
ries ; 

****** 

SEC.  o.  The  electors  in  any  town  or  city  qualified 
to  vote  upon  any  proposition  to  impose  a  tax,  or  for 
the  expenditure  of  money  in  such  town  or  city,  may, 
by  a  majority  vote  of  such  electors  voting  at  the  an- 
nual meeting  for  the  election  of  town  officers,  or 
members  of  the  city  council  therein,  appropriate  a 
sum  not  exceeding  twenty-five  cents  on  each  one  hun- 
dred dollars  of  the  ratable  property  of  such  city  or 
town  in  the  year  next  preceding  such  appropriation, 
for  the  foundation  therein  of  a  free  public  library, 
Avith  or  without  branches,  for  all  the  inhabitants 


18  SCHOOL   MANUAL. 

thereof,  and  to  provide  suitable  rooms  for  such 
library,  which  shall  be  used  under  such  regulations 
as  may  from  time  to  time  be  prescribed  by  the  town 
council  of  such  town,  or  city  council  of  such  city. 

SEC.  6.  Any  town  or  city  having  established  a  free 
public  library  therein,  in  manner  as  aforesaid,  may 
annually,  by  the  majority  vote  of  the  electors  of  said 
town,  qualified  as  aforesaid  and  voting  on  the  propo- 
sition, or  by  vote  of  the  city  council  of  said  city,  ap- 
propriate a  sum  not  exceeding  thirty  cents  on  each 
one  thousand  dollars  of  its  ratable  property,  in  the 
year  next  preceding  such  appropriation,  for  the 
maintenance  and  increase  of  such  library  therein, 
and  may  take,  receive,  hold  and  manage  any  devise, 
bequest  or  donation  for  the  establishment,  increase 
or  maintenance  of  a  public  library  therein,  to  be  un- 
der such  regulations  for  its  government,  when  they 
are  not  prescribed  by  its  donor,  as  may  from  time  to 
time  be  prescribed  by  the  town  council  of  such  town, 
or  the  city  council  of  such  city. 

SEC.  7.  Every  town  not  owning  a  free  pubHc 
library  may,  at  the  annual  town  meeting,  appropri- 
ate a  sum  not  exceeding  thirt}^  cents  on  each  one 
thousand  dollars  of  its  ratable  property  in  the  year 
next  preceding  such  appropriation,  for  the  mainte- 
nance and  increase  of  any  free  public  library  therein. 

SEC.  21.  No  town  shall,  without  special  statutory 
authority  therefor,  incur  any  debt  in  excess  of  three 
per  centum  of  the  taxable  property  of  such  town,  in- 
cluding the  indebtedness  of  such  town  on  the  tenth 
day  of  April,  one  thousand  eight  hundred  seventy- 
eight,  but  the  giving  of  a  new  note  or  bond  for  a  pre- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  19 

existing  debt,  or  for  money  borrowed  and  applied  to 
the  payment  of  such  pre-existing  debt,  is  excepted 
from  the  provisions  of  this  section,  and  the  amount 
of  any  sinking  fund  shall  be  deducted  in  computing 
such  indebtedness. 

SEC.  22.  No  town  shall  assess  its  ratable  property 
in  any  one  year  in  excess  of  one  per  centum  of  its 
ratable  value,  except  for  the  purpose  of  paying  the 
indebtedness  of  such  town  or  the  interest  thereon, 
or  for  appropriations  to  any  of  the  sinking  funds,  or 
for  extraordinary  repairs  for  damages  caused  by  the 
elements  ;  but  assessments  for  specific  benefits  con- 
ferred by  the  opening  or  .improving  of  any  public 
highway,  or  for  any  public  sewer,  shall  not  be  taken 
to  be  within  the  provisions  of  this  section. 


CHAPTER  43. 

Of  the  Establishment  and    Control  of  Free   Public 
Libraries  by  Towns. 

SECTION  I  SECTION 

1.    Town  or  city  council  may  ac-  |     3.    Duties  and  powers  of  trustees- 
cept  gift  of  public  library,  or       4.    Appropriation  for  support  of 

library  to  be  made  annually. 


funds  for. 
2.    Town  or  city  council  to  elect 
trustees,  and  may  fill  vacan- 
cies. 


5.    Trustees  to  accept  and  receipt 
for  legacies. 


SECTION  1.  In  case  any  libra ry,  or  funds  for  the 
establishment  thereof,  may  be  offered  to  any  city  or 
town  on  the  condition  that  said  library  shall  be  main- 
tained as  a  free  public  library,  the  city  council  of  any 
city,  or  town  council  of  any  town,  is  hereby  author- 
ized to  accept  such  gift  in  behalf  of  the  city  or  town. 


20  SCHOOL  MANUAL. 

SEC.  2.  Whenever  any  city  or  town  shall  estab- 
lish a  free  public  library,  or  shall  become  possessed, 
as  above  provided,  of  any  such  library,  the  aforesaid 
city  council  or  town  council,  as  the  case  may  be,  shall 
proceed  to  elect  a  board  of  trustees,  to  consist  of  not 
less  than  three  members  nor  more  than  seven.  As 
soon  as  possible  after  the  election  of  the  first  board, 
the  members  thereof  shall  meet  and  be  divided  by 
lot  into  three  groups  or  classes,  the  terms  of  office  of 
one  group  expiring  in  one  year  from  the  date  of  their 
election,  those  of  another  group  in  two  years,  and 
those  of  the  remaining  group  in  three  years.  With 
the  expiration  of  the  term  of  office  of  any  member 
the  vacancy  shall  be  filled  by  the  city  council  or  town 
council,  as  the  case  may  be,  for  the  term  of  three 
years.  Vacancies  occurring  by  resignation,  removal, 
death,  or  otherwise,  shall  be  filled  as  above  for  the 
un expired  term  thereof. 

SEC.  3.  The  aforesaid  trustees  shall  take  posses- 
sion of  said  library,  and  shall  thereafter  be  the  legal 
.guardians  and  custodians  of  the  same.  They  shall 
provide  suitable  rooms  for  the  library,  arrange  for 
the  proper  care  of  the  same,  choose  one  or  more  com- 
petent persons  as  librarians  and  fix  their  compensa- 
tion, and  make  all  needful  rules  and  regulations  for 
the  government  of  the  library  and  the  use  of  the 
books :  Provided,  that  no  fee  for  the  use  of  the 
books  shall  ever  be  exacted. 

SEC.  4.  Each  city  or  town  acting  under  this  chap- 
ter shall  annually  appropriate  for  the  support  of  the 
public  library  an  amount  at  least  as  much  as  that 
which  the  library  shall  receive  from  the  state.  All 
appropriations  from  the  city  or  town  and  state,  and 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  21 

the  income  of  all  funds  belonging  to  the  library,  shall 
be  subject  to  the  exclusive  control  of  the  trustees, 
and  the  several  city  and  town  treasurers  shall  pay, 
within  the  limits  of  the  appropriations  and  other  li- 
brary funds  in  their  hands,  all  bills  properly  certified 
by  the  said  trustees. 

SEC.  5.  In  case  of  any  bequest,  legacy,  or  gift  to, 
or  in  favor  of,  a  public  library,  the  trustees  thereof 
are  hereby  authorized  and  empowered  to  accept  the 
same  in  behalf  of,  and  for  the  use  of,  the  library,  and 
their  receipt  shall  be  a  full  and  sufficient  discharge 
and  release  to  any  executor,  administrator,  or  other 
person  authorized  to  make  the  payment  thereof. 


CHAPTER  44. 

Of  Property  Liable  to  and  Exempt  from  Taxation. 

SECTION  ;  SECTION 

1.    Property  liable  to  taxation.  2.    Property  exempt  from  taxation. 

SECTION  1.  All  real  property  in  the  state  and  all 
personal  property  belonging  to  the  inhabitants  thereof 
shall  be  liable  to  taxation  unless  otherwise  specially 
provided. 

SEC.  2.  The  following  property  and  no  other,  shall 
be  exempt  from  taxation  :  Property  belonging  to 
the  state  ;  lands  ceded  or  belonging  to  the  United 
States  ;  buildings  for  free  public  schools,  buildings 
for  religious  worship  and  the  land  upon  which  they 
stand  and  immediately  surrounding  the  same,  to  an 
extent  not  exceeding  one  acre,  so  far  as  said  buildings 
and  land  are  occupied  and  used  exclusively  for  relig- 


22  SCHOOL  MANUAL. 

ions  or  educational  purposes  ;  the  buildings  and  per- 
sonal estate  owned  by  any  corporation  used  for  a 
school,  academy  or  seminary  of  learning,  and  of  any 
incorporated  public  charitable  institution,  and  the 
land  upon  which  said  buildings  stand  and  immedi- 
ately surrounding  the  same,  to  an  extent  not  exceed- 
ing one  acre,  so  far  as  the  same  is  used  exclusively 
for  educational  purposes,  but  no  property  or  estate 
whatever  shall  hereafter  be  exempt  from  taxation,  in 
any  case,  where  any  part  of  the  income  or  profits 
thereof  or  of  the  business  carried  on  thereon,  is  di- 
vided among  its  owners  or  stockholders  ;  the  estates/ 
persons  and  families  of  the  president  and  professors, 
for  the  time  being,  of  Brown  University,  for  not  more 
than  ten  thousand  dollars  for  each  such  officer,  his 
estate,  person  and  family  included;  property  specially 
exempt  by  charter,  unless  such  exemption  shall  have 
been  waived  in  whole  or  in  part ;  lots  of  land  used 
exclusively  for  burial  grounds  ;  the  property,  real 
and  personal,  held  for  or  by  any  incorporated  library 
society,  or  any  free  public  library,  or  any  free  public 
library  society,  so  far  as  said  property  shall  be  held 
exclusively  for  library  purposes,  or  for  the  aid  or 
support  of  poor  friendless  children,  or  for  the  aid  or 
support  of  the  aged  poor,  or  for  the  aid  or  support  of 
the  poor  generally,  or  for  a  hospital  for  the  sick  or 
disabled,  and  any  fund  given  or  held  for  the  purpose 
of  public  education  ;  almshouses  and  the  land  and 
buildings  used  in  connection  therewith,  except  that 
almshouse-estates,  when  belonging  to  the  town,  shall 
be  subject  to  taxation  for  school  purposes,  in  the 
school  district  in  which  they  are  situated  ;  the  estate 
of  any  person  who  in  the  judgment  of  the  assessors 
is  unable,  from  infirmity  or  poverty,  to  pay  the  tax  ; 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  23 


from  taxation  by  the  government  of  the  United  States. 


the  bonds  and  other  securities  issued  and  exempted 
from  taxation  b 

TOiVEKsirsr  m 

CHAPTER  47. 

Of  Assessing  and    Collecting  Poll  Taxes. 


SECTION 

1.    Poll  tax  to  be  assessed,  when 
and  upon  whom. 


SECTION 


Penalty  for  refusing  to  give 
such  information. 


2.    Assessors  entitled   to   certain  |      3.    Collection  of  poll  tax.    Tax  to 
information    from    inhabi-  j  be  applied    to  support    of 

tants  of  towns  and  cities.  !  public  schools. 

SECTION  1.  The  assessors  of  taxes  of  each  town 
and  city  shall,  at  the  time  of  the,  annual  assessment 
of  town  and  city  taxes  therein  respectively,  assess 
against  every  person  in  said  town  or  city,  who,  if 
registered,  would  be  qualified  to  vote,  a  tax  of  one 
dollar,  or  so  much  thereof  as  with  his  other  taxes 
shall  amount  to  one  dollar. 

SEC.  2.  The  assessors  of  taxes  of  each  town  or 
city,  or  either  of  them,  or  any  person  by  them  author- 
ized, may,  at  any  time  within  three  months  preceding 
the  time  of  assessing  the  poll  tax  in  their  respective 
towns  or  cities,  require  from  any  and  every  inhabi- 
tant of  such  town  or  city  such  information  as  may  be 
deemed  necessary  by  them,  or  either  of  them,  to 
enable  said  assessors  to  decide  whether  or  not  any 
inhabitant  is  liable  to  assessment  for  said  tax  ;  and 
any  person  who  shall  refuse  to  give  such  information, 
or  shall  wilfully  make  any  false  statements  for  the 
purpose  of  deceiving  in  the  giving  of  such  informa- 
tion, shall  be  punished  by  fine  not  exceeding  twenty 


24  SCHOOL  MANUAL. 

dollars,  or  imprisonment  in  the  county  jail  for  a  term 
not  exceeding  ninety  days. 

SEC.  3.  The  assessors  of  taxes  on  completing  the 
assessment  of  taxes  as  prescribed  in  this  chapter, 
shall  date  and  sign,  and  within  three  days  thereafter 
deposit  the  same  in  the  office  of  the  town  clerk,  ex- 
cept in  the  city  of  Providence,  and  in  the  city  of 
Providence  deposit  the  same  with  the  city  treasurer 
thereof.  The  town  clerk  shall  forthwith  make  a  copy 
of  the  same,  and  deliver  it  to  the  town  treasurer,  and 
the  town  treasurer  shall  forthwith  issue  and  affix  to 
said  copy  a  warrant  under  his  hand,  and  which  need 
not  be  under  seal,  directed  to  the  collector  of  taxes 
of  the  town  commanding  him  to  proceed  and  collect 
the  several  sums  of  money  therein  expressed,  of  the 
persons  liable  therefor,  by  the  time  directed  by  the 
town,  and  to  pay  over  the  same  to  him  or  to  his  suc- 
cessor in  office.  Whenever  any  town  shall  elect  its 
town  treasurer  collector  of  taxes  for  such  town,  such 
warrant  shall  be  issued  to  the  town  treasurer  as  col- 
lector of  taxes  by  the  town  clerk.  The  tax  assessed 
according  to  the  provisions  of  this  chapter,  shall  be 
applied  to  the  support  of  the  public  schools  in  such 
town  or  city. 


CHAPTER  48. 
Of  the  Collection  of  Taxes. 

SECTION  i  SECTIOX 

2.    Taxes  a  lien  on  real  estate.  9.  Collector  may  advertise  and  sell. 

8.    Lien,  how  long  to  continue.  10.  Real  estate  may  be  sold  after 

7.    Tax   may   be   collected   from  ;  notice  ;  notice  how  given. 

either  real  or  personal  es-  '    11.    Notice,  how  given  in  case  of 

tate-  residents. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  25 

SECTION  ,  SECTION 

12.  Notice  to   persons  not   taxed  j    19,  20.    Sales  of  personal  property ; 

who  have  an  interest  in  the  !  notice  of,  how  given, 

property  taxed.  :   21.  Property  to  be  sold  by  auction 

13.  If  non-residents,  a  copy  of  no-  j  if  tax  is  not  paid. 

tice  to  be  sent  by  mail.  ;    22.  Surplus  to  be  returned  to  owner. 

14.  Entry  upon  the  land  not  neces-  !    23.   Collector  may  remove  personal 

sary  ;  return  to  be  made  to  property  for  sale. 

town  clerk  under  oath  ;  ef-  24.  May  follow  persons  or  property 

feet  of  return.  to  any  town. 

15.  Deed  of  real  estate  sold  by  col-  25.  Sale  may  be  adjourned. 

lector  or  sheriff  for  taxes,  2G.  Collector  may  recover  tax,  how. 

what   title    vests    in    pur-  27.  Judgment,  execution  and  levy, 

chaser.  28.  Proceedings,      where      person 

16.  Owner  may  redeem  within  one  taxed  is  out  of  state. 

year.  :    29.  Warrant  of  distress   to   issue, 

17.  Collector  may  distrain  and  sell  when. 

personal  property.  34.  Wan-ant  is  in  force  until  tax  is 

18.  Property   exempt    from    dis-  collected. 

traint.  35.  Collector  may  require  aid. 

SECTION  2.  All  taxes  assessed  against  any  person  in 
any  town  for  either  personal  or  real  estate  shall  con- 
stitute a  lien  on  his  real  estate  therein. 

SEC.  3.  All  taxes  assessed  against  the  owner  of 
any  real  estate  shall  constitute  a  lien  ona  such  real 
estate  in  any  town,  for  the  space  of  two  years  after 
the  assessment,  and,  if  such  real  estate  be  not 
aliened,  then  until  the  same  is  collected. 

SEC.  7.  If  any  person  is  taxed  for  several  parcels 
of  real  estate,  or  for  personal  and  real  estate  in  the 
same  tax,  the  whole  of  such  person's  tax  may  be  col- 
lected, either  out  of  the  real  or  personal  estate,  or  any 
part  thereof  :  Provided,  that  no  land  aliened  shall  be 
sold,  if  the  person  taxed  have  other  sufficient  pro- 
perty. 

SEC.  9.  The  collector  may  advertise  and  sell  any 
real  estate  liable  for  taxes  in  the  manner  hereinafter 
directed. 


26  SCHOOL  MANUAL. 

SEC.  10.  In  all  cases  where  any  parcel  of  real  es- 
tate is  liable  for  payment  of  taxes,  so  much  thereof 
as  is  necessary  to  pay  the  tax,  interest,  costs  and  ex- 
penses, shall  be  sold  by  the  collector,  at  public  auc- 
tion, to  the  highest  bidder,  after  notice  has  been 
given  of  the  levy,  and  of  the  time  and  place  of  sale, 
in  some  newspaper  published  in  the  town,  if  there  be 
one,  and  if  there  be  no  newspaper  published  in  the 
town,  then  in  some  newspaper  published  in  the 
county,  at  least  once  a  week  for  the  space  of  three 
weeks,  and  the  collector  shall  also  post  up  notices  in 
two  or  more  public  places  in  the  town  for  the  same 
period. 

SEC.  11.  If  the  person  to  whom  the  estate  is  taxed 
be  a  resident  of  this  state,  the  collector  shall,  in  ad- 
dition to  the  foregoing,  cause  notice  of  his  levy,  and 
of  the  time  and  place  of  sale,  to  be  left  at  his  last 
and  usual  place  of  abode,  or  personally  served  on 

him,  at  least  twenty  days  previous  to  the  day  of  sale. 

• 
SEC.  12.     In  case  the  collector  shall  advertise  for 

sale  any  property,  real,  personal  or  mixed,  in  which 
any  person  other  than  the  person  to  whom  the  tax  is 
assessed  has  an  interest,  he  shall,  provided  the  inter- 
est of  such  other  person  appears  upon  the  records  of 
the  town,  leave  a  copy  of  the  notice  of  such  sale  at 
the  last  and  usual  place  of  abode,  or  personally  with 
such  other  person,  if  within  this  state,  twenty  days 
prior  to  the  time  of  such  sale. 

SEC.  13.  If  such  other  person  have  no  last  and 
usual  place  of  abode  within  this  state,  then  a  copy  of 
said  notice  shall  be  sent  by  mail  to  such  person,  at 
his  place  of  residence,  if  known,  twenty  days  prior  to 
the  time  of  such  sale. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  27 

SEC.  14.  No  entry  upon  the  land  by  the  collector 
shall  be  deemed  necessary  ;  but  the  collector,  in  all 
cases  of  sales  of  real  estate,  shall  make  a  return  of 
all  his  proceedings  under  oath  into  the  town  clerk's 
office,  within  ten  days  after  the  sale  ;  which  return 
shall  be  evidence  of  the  facts  therein  stated. 

SEC.  15.  The  deed  of  any  real  estate,  or  of  any  in- 
terest therein,  sold  for  the  payment  of  taxes,  made 
and  executed  by  the  sheriff  or  collector  who  shall 
sell  the  same,  shall  vest  in  the  purchaser,  subject  to 
the  right  of  redemption  hereinafter  provided,  all  the 
estate,  right  and  title  the  owner  thereof  had  in  and 
to  such  real  estate  at  the  time  said  tax  was  assessed, 
free  from  any  interest  or  incumbrance  thereon  of 
any  person  to  whom  the  notice  required  by  the  pro- 
visions of  this  chapter  shall  have  been  given  ;  and 
the  recitals  in  such  deed  shall  be  evidence  of  the 
facts  stated. 

SEC.  16.  The  person  who  owned  any  real  estate 
sold  for  taxes,  at  the  time  of  the  assessment,  or  any 
interest  therein,  his  heirs,  assigns  or  devisees,  may 
redeem  the  same  Upon  repaying  to  the  purchaser  the 
amount  paid  therefor,  with  twenty  per  centum  in 
addition,  within  one  year  after  the  sale,  or  within  six 
months  after  final  judgment  has  been  rendered  in 
anj^  suit  in  which  the  validity  of  the  sale  is  in  ques- 
tion :  Provided,  said  suit  be  commenced  within  one 
year  after  such  sale. 

SEC.  17.  The  collector  may  distrain  personal  prop- 
tj^,  except  as  provided  in  the  section  following, 
and  may  sell  the  same  in  the  manner  hereinafter  di- 
rected. 


28  SCHOOL   MANUAL. 

SEC.  18.  Property  exempt  from  attachment  or  dis- 
tress by  the  laws  of  this  state  or  of  the  United  States 
shall  not  be  liable  to  be  distrained  for  any  taxes 
whatsoever. 

SEC.  19.  In  all  cases  where  personal  property 
shall  be  levied  on  by  any  collector,  he  shall  cause 
notice  thereof,  and  of  the  time  and  place  of  sale,  to 
be  left  at  the  last  and  usual  place  of  abode  of  the 
owner,  or  personally  to  be  given  to  him,  at  least  five 
days  previous  to  the  appointed  time  of  sale,  if  such 
owner  have  a  last  and  usual  place  of  abode  in  the 
state  or  if  personal  notice  can  be  given  to  him. 

SEC.  20.  The  collector  shall  also  in  all  cases  ad- 
vertise the  same  for  three  successive  weeks  in  a 
newspaper,  if  there  be  one  published  in  the  town,  if 
not,  in  the  county,  and  shall  also  post  up  notices  in 
three  pubiic  places  in  said  town,  at  least  twenty  days 
previous  to  the  appointed  time  of  sale. 

SEC.  21.  If  such  owner  do  not  pay  the  amount  of 
the  tax,  with  the  interest  or  percentage  and  all  costs 
and  charges,  by  the  time  appointed  for  the  sale,  the 
collector  shall  sell  the  same,  or  enough  to  pay  said 
sums,  at  public  auction. 

SEC.  22.  Any  property  or  surplus  of  money  re- 
maining shall  be  returned  to  the  owner  or  person  en- 
titled to  receive  it.  If  no  owner  or  person  entitled  to 
receive  the  same  can  be  found  by  the  collector,  he 
sli all  deliver  such  property  or  surplus  of  money  to 
the  town  treasurer,  who  shall  hold  the  same  subject 
to  the  call  of  the  owner  thereof. 

SEC.  23.     Any  collector  may,  with  consent  of  the 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  29 

owner,  remove  personal  property  for  sale  to  any  town 
or  place,  where  it  may  be  sold  to  the  best  advantage, 
giving  notice  to  the  owner  as  before  provided,  and 
giving  notice  as  provided  by  section  twenty  of  this 
chapter,  in  the  town  or  place  where  the  sale  is  to  be 
made. 

SEC.  24.  If  any  person  or  property  taxed  in  one 
town  removes  or  is  removed  into  another  town  before 
the  tax  is  collected,  the  collector  may  follow  such 
person  or  property  into  any  town,  and  levy  or  collect 
the  tax  with  the  same  power  as  if  not  removed. 

SEC.  25.  Any  sale  of  real  or  personal  estate  or  of 
any  interest  therein,  liable  for  the  payment  of  taxes 
by  the  provisions  of  this  chapter,  may  be  adjourned 
from  time  to  time. 

SEC.  26.  The  collector  of  any  tax  may  recover  the 
amount  thereof  in  an  action  of  the  case  against  the 
person  taxed,  and  in  the  declaration  it  shall  be  suffi- 
cient to  set  forth  that  the  action  is  to  recover  a  speci- 
fied sum  of  money,  being  a  tax  assessed  against  the 
defendant,  specifying  the  town  in  which  said  tax  was 
assessed  and  the  time  of  ordering  and  assessing  the 
same. 

SEC.  27.  If  judgment  be  rendered  in  favor  of  the 
collector,  he  shall  have  an  allowance  for  his  reason- 
able trouble  in  attending  to  the  suit,  to  be  taxed  by 
the  court  in  the  bill  of  costs,  and  execution  shall 
issue  against  the  real  and  personal  estate  of  the  de- 
fendant, and  the  levy  of  the  execution  upon  any  real 
•estate,  upon  which  a  lien  for  such  tax  is  created  by 
this  chapter,  shall  be  deemed  to  relate  back,  and  take 
effect  from  the  time  of  commencement  of  such  lien. 

3* 


.30  SCHOOL  MANUAL. 

SEC.  28.  If  any  person  legally  taxed  shall  be  out 
of  the  state,  or  depart  therefrom,  leaving  no  property 
liable  for  the  tax,  the  collector  may  summon  the 
attorney,  agent,  factor,  trustee  or  debtor  of  such  per- 
son before  the  district  court  of  the  district  in  which 
the  town  where  the  tax  is  assessed  is  situated,  to  de- 
clare on  oath  how  much  property,  if  any,  of  such  ab- 
sent person,  he  has  in  his  possession  ;  and  if  he  has 
sufficient  property  he  shall  forthwith  pay  such  tax 
and  charges,  or  deliver  to  the  collector  sufficient  pro- 
perty therefor. 

SEC.  29.  If  any  person  so  summoned  shall  neglect 
to  appear,  or  refuse  to  make  oath,  or  having  made 
oath  shall  refuse  to  pay  such  tax  and  charges,  or  to 
deliver  to  the  collector  sufficient  property  therefor, 
if  such  he  has,  such  district  court  shall  forthwith 
grant  to  the  collector  a  warrant  of  distress  against 
the  proper  goods  and  chattels  of  such  person  so  sum- 
moned, and  the  collector  may  distrain  and  sell  the 
same  wherever  found,  or  so  much  thereof  as  will  pay 
the  tax  and  all  interest  and  expenses,  in  manner  pro- 
vided by  this  chapter;  and  said  district  court  shall 
have  jurisdiction  in  the  premises,  although  the 
amount  involved  shall  exceed  three  hundred  dollars. 

SEC.  34.  All  warrants  for  the  collecting  of  taxes 
shall  continue  in  force  until  the  whole  tax  is  collected, 
notwithstanding  the  time  appointed  for  collecting  the 
tax,  or  the  year  of  office,  may  have  expired,  and  not- 
withstanding the  collector  may  have  paid  the  tax 
into  the  town  treasury. 

SEC.  35.  Every  collector  shall  have  the  same  right 
to  require  the  aid  or  assistance  of  the  persons  pres- 
ent, in  the  performance  of  his  duty,  which  a  sheriff 
now  has  by  law. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  31 

CHAPTER  50. 
General  Provisions  Concerning  Taxes. 

SECTION  '  SECTION 

1.  Towns  may  provide  for  deduc-  ;     .').    Town  taxes  to  have  preference, 

tion,  if  tax  is  paid ;  and  impose  in  cases  of  insolvency, 

percentage,  if  tax  is  not  paid.  <     4.    Compensation     of     assessors, 

2.  Officers  neglecting  to  perform  ;  town  clerks  and  collectors. 

duties  required  of  them,  lia-  !     5.    School  district  taxes, 
ble  to  be  indicted. 

SECTION  1.  Any  town  may  provide  for  such  de- 
duction from  the  tax  assessed  against  any  person,  if 
paid  by  an  appointed  time,  or  for  such  penalties  by 
way  of  percentage  on  a  tax,  if  not  paid  at  the  time 
appointed,  not  exceeding  twelve  per  centum  per  an- 
num, as  they  shall  deem  necessary  to  insure  punctual 
payment. 

SEC.  2.  Every  officer  who  shall  neglect  or  refuse 
to  perform  any  duty  imposed  on  him  in  this  title,  or 
who  shall  not  comply  with  the  provisions  thereof, 
or  who  shall  in  any  wise  knowingly  violate  any  pro- 
visions thereof,  shall  be  imprisoned  not  exceeding  one 
year  or  be  fined  not  exceeding  five  hundred  dollars, 
which  fine,  in  case  it  be  a  state  tax,  shall  be  paid  in- 
to the  state  treasury,  or  if  a  town  tax,  into  the  town 
treasury,  or  if  a  school  district  tax,  into  the  school 
district  treasury,  or  if  a  fire  corporation  tax,  into  the 
fire  corporation  treasury. 

SEC.  3.  Whenever  any  person  shall  become  in- 
solvent, or  die  insolvent,  town  taxes  due  from  him  or 
his  estate  shall  have  preference,  after  debts  or  taxes 
due  the  United  States  and  this  state,  over  all  other 
debts  or  demands,  save  those  due  for  necessary 
funeral  charges,  and  for  attendance  and  medicine 
during  his  last  sickness. 


•32 


SCHOOL  MANUAL. 


SEC.  4.  Assessors  shall  receive  such  compensation 
•as  the  town  shall  allow  ;  town  clerks  shall  be  paid 
for  copying  tax  bills  as  for  other  copies  ;  arid  col- 
lectors shall  be  paid  for  collecting  at  the  rate  of  five 
per  centum,  unless  they  shall  have  agreed  with  the 
town  for  a  less  sum  ;  which  fees  shall  be  paid  out  of 
the  town  treasury.  In  case  of  distraint  of  personal 
property,  or  levy  on  land,  the  collector  shall  have  the 
same  fees  as  sheriffs  have  in  similar  cases. 

SEC.  5.  The  provisions  of  this  title  shall  apply  to 
all  school  district  taxes,  so  far  as  they  may  be  appli- 
cable. 


TITLE    IX. 

OF  PUBLIC  INSTRUCTION. 


•CHAPTER  51.  Of  the  board  of  education. 

CHAPTER  52.  Of  the  commissioner  of  public  schools. 

CHAPTER  53.  Of  the  appropriation  for  public  schools. 

CHAPTER  54.  Of  the  powers  and  duties  of  towns  and  of  the  town  treasurer 

and  town  clerk  relative  to  public  schools. 

CHAPTER  55.  Of  the  powers  of  school  districts. 

CHAPTER  56.  Of  district  meetings. 

CHAPTER  57.  Of  joint  school  districts. 

CHAPTER  58.  Of  the  levy  of  district  taxes. 

CHAPTER  59.  Of  the  trustees  of  school  districts. 

CHAPTER  60.  Of  the  powers  and  duties  of  school  committees. 

CHAPTER  61.  Of  teachers. 

CHAPTER  62.  Of  legal  proceedings  relating  to  public  schools. 

CHAPTER  63.  Of  the  normal  school,  teachers'  institutes  and  lectures. 

CHAPTER  64.  Of  truant  children  and  of  the  attendance  of  children  in  the 

public  schools. 

CHAPTER  65.  General  provisions  relating  to  public  schools. 

CHAPTER  66.  Of  the  Rhode  Island  college  of  agriculture  and  mechanic  arts. 

CHAPTER  67.  Of  state  beneficiaries  at  the  Rhode  Island  school  of  design. 

CHAPTER  68.  Of  factory  inspection. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  33 

CHAPTER  51. 

Of  the  Board  of  Education. 

SECTION  SECTION 

1.  Board  of  education,  how  con-       8.    Payments,  how  to  be  made. 

stituted,  and  duties  of.  9.    Annual  reports  to  be  made  to 

2.  How  divided,  and  term  of  office  the    board,    by    officers    of 


schools  receiving  state  aid. 
10.    Private   schools   to   be  regis- 


of members. 

3.  Vacancies,  how  filled. 

4.  Officers  of  the  board.  tered. 

5.  To  hold  quarterly  meetings,  and  11.    Board  to  furnish  forms  for  re- 

prescribe  rules.  turns  under   preceding   two 

6.  Appropriation  for  free   public  sections. 

libraries.  12.    Chapter  86  unaffected. 

7.  Board  to  prescribe  conditions  13.    Board  to  report  annually. 

on  which  libraries   may  re-  14.    Travelling    expenses    of    the 
ceive  aid.  board  to  be  paid,  and  how. 

SECTION  1.  The  general  supervision  and  control 
of  the  public  schools  of  the  state,  with  such  high 
schools,  normal  schools  and  normal  institutes,  as  are 
or  may  be  established  and  maintained  wholly  or  in 
part  by  the  state,  shall -be  vested  in  a  state  board  of 
education,  which  shall  consist  of  the  governor  and 
the  lieutenant-governor,  as  members  by  virtue  of 
their  office,  and  of  one  other  member  from  each  of 
the  counties  of  the  state,  with  the  exception  of  Provi- 
dence county,  which  shall  have  two  other  members. 
The  board  of  education  shall  elect  the  commissioner 
of  public  schools. 

SEC.  2.  The  members  of  the  board  of  education 
shall  continue  to  be  divided  into  three  classes,  and  to 
hold  their  offices  until  the  terms  for  which  the}7  were 
respectively  elected  shall  have  expired. 

SEC.  3.  Two  members  of  the  board  of  education 
shall  be  elected  annually  at  the  May  session  of  the 
general  assembly,  in  grand  committee,  from  the 


34  SCHOOL  MANUAL. 

counties  in  which  vacancies  shall  occur  in  said  board, 
who  shall  hold  office  for  three  years,  and  until  their 
successors  shall  have  been  elected  and  qualified  ; 
vacancies  in  said  board  shall  be  filled  for  any  unex- 
pired  term  by  an  election  from  the  county  for  which 
the  member  whose  office  is  vacant  was  elected,  in  the 
same  manner,  at  any  session  of  the  general  assem- 
bly. 

SEC.  4.  The  governor  shall  be  president,  and  the 
commissioner  of  public  schools  shall  be  secretary  of 
the  board  of  education. 

SEC.  5.  The  board  of  education  shall  hold  quar- 
terly meetings  in  the  first  week  of  March,  June, 
September  and  December  of  each  year,  at  the  office 
of  the  commissioner  of  public  schools,  and  may  hold 
.special  meetings  at  the  call  of  the  president  or  secre- 
tary. They  shall  prescribe,  and  cause  to  be  enforced, 
all  rules  arid  regulations  necessary  for  carrying  into 
effect  the  laws  in  relation  to  public  schools. 

SEC.  6.  The  board  of  education  m&y  cause  to  be 
paid  annually  to  and  for  the  use  of  each  free  public 
library  established  and  maintained  in  the  state,  and 
to  be  expended  in  the  purchase  of  books  therefor,  a 
sum  not  exceeding  fifty  dollars  for  the  first  five  hun- 
dred volumes  included  in  such  library,  and  twenty- 
five  dollars  for  every  additional  five  hundred  volumes 
therein :  Provided,  that  the  annual  payment  for  the 
benefit  of  any  one  such  library  shall  not  exceed  the 
sum  of  five  hundred  dollars. 

SEC.  7.  The  board  of  education  shall  from  time  to 
time  establish  rules  prescribing  the  character  of  the 
books  which  shall  constitute  such  a  library  as  will  be 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  35, 

entitled  to  the  benefits  conferred  by  the  preceding 
section,  regulating  the  management  of  such  library 
so  as  to  secure  the  free  use  of  the  same  to  the  people 
of  the  town  and  neighborhood  in  which  it  shall  be 
established,  and  directing  the  mode  in  which  the  sums 
paid  in  pursuance  of  this  chapter  shall  be  expended. 
No  library  shall  receive  any  benefit  under  the  fore- 
going provisions,  unless  such  rules  shall  have  been 
complied  with  by  those  in  charge  thereof,  nor  until 
they  shall  have  furnished  to  said  board  satisfactory 
evidence  of  the  number  and  character  of  the  books 
contained  in  said  library. 

SEC.  8.  Every  payment  herein  authorized  shall  be 
made  by  the  general  treasurer  upon  the  order  of  the 
commissioner  of  public  schools,  approved  by  the 
board  of  education,  and  payable  to  the  librarian  or 
other  person  having  charge  of  such  library  or  of  the 
funds  applied  to  its  support  designated  by  said 
board. 

SEC.  9.  The  trustees,  officers,  or  persons  in  charge 
of  all  schools  and  educational  institutions  supported 
wholly  or  in  part  by  this  state,  whether  entirely 
devoted  to  education  or  only  partially  so,  shall  make 
a  report  annually  in  the  month  of  July  to  the  state 
board  of  education,  of  such  facts  as  shall  show  the 
number  of  pupils  and  instructors,  the  courses  of 
study,  the  cost  of  maintenance,  and  general  needs 
and  conditions  of  the  school  or  institution. 

SEC.  10.  All  private  schools  or  institutions  of 
learning  in  this  state  shall  be  registered  at  the  office 
of  the  state  board  of  education,  said  registry  showing 
location,  name,  officers  or  persons  in  charge,  grade  of 


36  SCHOOL  MANUAL. 

instruction,  and  common  language  used  in  teaching. 
They  shall  also  make  a  report  annually  in  the  month 
of  July,  to  the  state  board  of  education,  showing  the 
number  of  different  pupils  enrolled,  the  average  at- 
tendance, and  the  number  of  teachers  employed. 

SEC.  11.  The  board  shall  provide  registers  for  all 
such  schools  and  institutions,  and  shall  prepare  blank 
forms  of  inquiry  for  the  facts  called  for  in  the  two 
sections  next  precediugr  and  in  doing  so  shall  have 
special  reference  to  the  requirements  of  the  bureau 
of  education  at  Washington. 

SEC.  12.  Nothing  in  the  three  sections  next  pre- 
ceding shall  be  so  construed  as  to  repeal,  affect,  or 
modify  the  provisions  of  chapter  eighty-six. 

SEC.  13.  The  board  of  education  shall  make  an 
annual  report  to  the  general  assembly  at  the 
adjourned  session  at  Providence. 

SEC.  14.  The  members  of  said  board  shall  receive 
no  compensation  for  their  services,  but  the  general 
treasurer  shall  pay,  upon  the  order  of  the  state 
auditor,  the  necessary  expenses  of  the  members,, 
when  attending  the  meetings  of  the  board,  or  when 
traveling  on  official  business  within  the  state,  after 
the  bills  have  been  approved  by  the  general  assembly. 


CHAPTER  52. 
Of  the  Commissioner  of  Public  Schools. 

SECTION  |  SECTION 

1.  Commissioner,  how  elected.  5.    To  prepare  and  distribute  pro- 

2.  May  employ  a  clerk.  gramme  for  Arbor  Day. 


3.    Duties  of  the  commissioner. 


4.    To  secure  uniformity  of  text-  bly, 

books. 


6.    To  report  to  the  general  asseni- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  37 

SECTION  1.  There  shall  be  annually  elected  a 
commissioner  of  public  schools  in  the  manner  pre- 
scribed in  the  preceding  chapter,  who  shall  devote 
his  time  exclusively  to  the  duties  of  his  office.  In 
case  of  sickness,  temporary  absence,  or  other  disa- 
bility, the  governor  may  appoint  a  person  to  act  as 
commissioner  during  such  absence,  sickness  or  disa- 
bility. 

SEC.  2.  He  may  employ  a  clerk  to  assist  in  the 
duties  of  his  office. 

SEC.  3.  The  commissioner  of  public  schools  shall 
visit,  as  often  as  practicable,  every  school  district  in 
the  state,  for  the  purpose  of  inspecting  the  schools,, 
and  diffusing  as  widely  as  possible,  by  public  addressee 
and  personal  communications  with  school  officers,, 
teachers  and  parents,  a  knowledge  of  the  defects,  and 
of  any  desirable  improvements,  in  the  administration 
of  the  system  and  the  government  and  instruction  of 
the  schools. 

SEC.  4.  He  shall,  under  the  direction  of  the  board 
of  education,  recommend  and  bring  about,  as  far  as 
practicable,  a  uniformity  of  text-books  in  the  schools 
of  all  the  towns  ;  and  shall  assist  in  the  establishment 
of,  and  selection  of  books  for,  school  libraries. 

SEC.  5.  The  commissioner  of  public  schools  shall 
prepare  each  year  a  programme  of  exercises  suitable 
for  the  observance  of  Arbor  Day,  and  shall  distribute 
the  same  among  all  of  the  public  schools  of  the  state 
at  least  four  weeks  previous  to  said  day. 

SEC.  6.     He  shall  annually,  in  December,  make  a 

4 


38  SCHOOL  MANUAL. 

report  to  the  board  of  education,  upon  the  state  and 
condition  of  the  schools  and  of  education,  with  plans 
and  suggestions  for  the  improvement  of  said  schools. 


CHAPTER  53. 

Of  the  Appropriation  for  Public  Schools. 


SECTION 

1 .  Appropriation  from  treasury  to 

be  paid  annually. 

2.  How  apportioned. 


SECTION 

7,  8.  Appropriation  for  reference 
books  and  illustrative  appara- 
tus. How  apportioned. 


3.  How  expended.  9.    Of    future    apportionments  in 

4.  Conditions  upon  which  towns  :  case  applications  exceed  the 

shall  receive  their  proportion.  ;  amount  of  appropriation. 

5.  Forfeiture   of  town's   propor-       10.    Evening  schools. 

tion,  when. 

6.  Orders   on   the  general  treas-  j 

urer. 

SECTION  1.  The  sum  of  one  hundred  and  twenty 
thousand  dollars  shall  be  annually  paid  out  of  the 
income  of  the  permanent  school  fund,  and  from  other 
money  in  the  treasury,  for  the  support  of  public 
schools  in  the  several  towns,  on  the  order  of  the  com- 
missioner of  public  schools. 

SEC.  2.  This  sum  of  one  hundred  and  twenty 
thousand  dollars  shall  be  apportioned  by  the  com- 
missioner of  public  schools  among  the  several  towns, 
as  follows  :  The  sum  of  one  hundred  dollars  shall  be 
apportioned  for  each  school,  not  to  exceed  fifteen  in 
number  in  any  one  town  ;  the  remainder  shall  be 
apportioned  in  proportion  to  the  number  of  children 
from  five  to  fifteen  years  of  age,  inclusive,  in  the 
several  towns,  according  to  the  school  census  then  last 
preceding. 


LAWS  DELATING  TO  PUBLIC  INSTRUCTION.  39 

SEC.  3.  The  money  appropriated  from  the  state 
as  aforesaid  shall  be  denominated  "  teachers'  money," 
and  shall  be  applied  to  the  wages  of  teachers,  and  to 
no  other  purpose. 

SEC.  4.  No  town  shall  receive  any  part  of  such 
state  appropriation,  unless  it  shall  raise  by  tax,  for 
the  support  of  public  schools,  a  sum  equal  to  the 
amount  it  may  receive  from  the  treasury  for  the  sup- 
port of  public  schools. 

SEC.  5.  If  any  town  shall  neglect  or  refuse  to  raise 
or  appropriate  the  sum  required  in  the  preceding  sec- 
tion, on  or  before  the  first  day  of  July,  in  any  year, 
its  proportion  of  the  public  money  shall  be  forfeited, 
and  the  general  treasurer,  on  being  informed  thereof 
in  writing  by  the  commissioner  of  public  schools,  shall 
add  it  to  the  permanent  school  fund. 

SEC.  6.  The  commissioner  of  public  schools  shall 
draw  orders  on  the  general  treasurer  for  their  propor- 
tion of  the  appropriation  for  public  schools,  in  favor 
of  all  such  towns  as  shall  on  or  before  the  first  day 
of  July  annually  comply  with  the  conditions  of  sec- 
tion four  of  this  chapter. 

SEC.  7.  The  sum  of  three  thousand  dollars  shall 
be  annually  appropriated  for  the  purchase  of  diction- 
aries, encyclopedias  and  other  works  of  reference, 
maps,  globes  and  other  apparatus,  for  the  use  of  the 
public  schools  of  the  state. 

SEC.  8.  Said  sum  of  three  thousand  dollars  shall 
be  apportioned  among  the  several  towns  and  districts 
as  follows  :  Every  town  or  district  desiring  to  avail 
itself  of  this  appropriation  shall  make  application 


40  SCHOOL  MANUAL. 

therefor  to  the  commissioner  of  public  schools,  stat- 
ing the  amount  that  has  been  raised  or  appropriated 
for  the  same  purpose  by  the  town  or  district.  Upon 
the  receipt  of  said  application  and  vouchers  for  the 
amount  actually  expended,  the  commissioner  of  pub- 
lic schools  may  draw  his  order  on  the  general  treasur- 
er in  favor  of  said  applicant  for  half  of  the  amount 
of  said  vouchers,  to  an  amount  not  to  exceed  twenty 
dollars  in  an y  one  year,  in  favor  of  any  district,  or, 
in  case  of  any  town  not  divided  into  districts,  at  the 
rate  of  not  more  than  ten  dollars  for  each  school,  to 
an  amount  not  to  exceed  two  hundred  dollars  in  any 
one  year  :  Provided,  that  the  gross  amount  in  any 
one  fiscal  year  shall  not  exceed  three  thousand  dol- 
lars. 

SEC.  9.  In  case  the  number  and  amount  of  appli- 
cations in  any  one  fiscal  year  shall  exceed  the  limit 
of  the  appropriation,  the  commissioner  of  public 
schools  shall  record  the  date  of  each  application,  and 
in  the  apportionment  for  the  following  year  such  re- 
corded applications  shall  have  the  preference  in  the 
order  of  their  dates. 

SEC.  10.  There  shall  be  an  annual  appropriation 
for  the  support  and  maintenance  of  evening  schools 
in  the  several  towns  of  this  state,  under  the  general 
supervision  of  the  state  board  of  education,  who  shall 
apportion  said  appropriation  annually  among  the  sev- 
eral towns  and  draw  orders  therefor  on  the  general 
treasurer. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION. 


41 


CHAPTER  54. 

Of  the  Powers  and  Duties  of  Towns  and  of  the  Town 

Treasurer  and  Town  Clerk  Relative  to 

Public  Schools. 


SECTION 

1.  Towns  to  maintain  schools  with 

or  without  districts. 

2.  Towns  may  be  divided  into  dis- 

tricts. 

3.  Schoolhouses,  how  to  be   pro- 

vided. 

4.  Towns  may  abolish  school  dis- 

tricts. 

5.  Powers  and  liabilities  of  discon- 

tinued district. 

6.  Control   of   public   schools  to 

then  vest    in    school    com- 
mittee. 

7.  School   committee,    how    and 

when  chosen. 

8.  Superintendent,  how  appoint- 

ed, his  duties  and  compen- 
sation. 


SECTION 

9.  Town  treasurer  to  receive 
and  keep  account  of  school 
money. 

10.  To  submit  statement  of  school 

money  to  committee. 

11.  To    transmit     statement     of 

money  raised  and  paid  out,  to 
commissioner. 

12.  Town  clerk  to  record  bound- 

aries  of   districts,    and   dis- 
tribute school  documents. 

13.  Annual  census  of  children  of 

school  age  to  be  taken. 

14.  Blanks,    by   whom   provided, 

and  to  call  for  what  infor- 
mation. 

15.  Census  returns,  how  arranged 

and  disposed  of. 


SECTION  1.  Every  town  shall  establish  and  main- 
tain, with  or  without  forming  districts,  a  sufficient 
number  of  public  schools,  at  convenient  places,  un- 
der the  management  of  the  school  committee,  subject 
to  the  supervision  of  the  commissioner  of  public 
schools  as  provided  by  this  title. 

SEC.  2.  Any  town  may  be  divided  by  a  vote  thereof 
into  school  districts. 


SEC.  3.  Anj^  town  may  vote,  in  a  meeting  notified 
for  that  purpose,  to  provide  schoolhouses,  together 
with  the  necessaiy  fixtures  and  appendages  thereof, 
in  all  the  districts,  if  there  be  districts,  at  the  coni- 


4* 


42  SCHOOL  MANUAL. 

inon  expense  of  the  town  :  Provided,  that  if  any 
district  shall  provide,  at  its  own  expense,  a  school- 
house  approved  by  the  school  committee,  such  dis- 
trict shall  not  be  liable  to  be  taxed  by  the  town  to 
provide  or  repair  schoolhouses  for  the  other  dis- 
tricts. 

SEC.  4.  Any  town  may  at  any  town  meeting,  or 
at  district  meetings  for  the  election  of  town  officers, 
the  subject  having  been  duly  inserted  in  the  warrant 
for  said  meeting  or  meetings,  abolish  all  of  the  school 
districts  therein  ;  and  forthwith  all  title  and  interest 
in  all  of  the  schoolhouses,  land,  furniture,  apparatus 
and  other  property  which  was  vested  in  the  several 
districts  shall  be  vested  in  the  town.  The  property 
so  taken  by  the  town  shall  be  appraised  by  a  com- 
mission of  three  disinterested  persons  to  be  appointed 
by  the  common  pleas  division  of  the  supreme  court 
in  the  county  in  which  such  town  is  situated,  and,  at 
the  next  annual  assessment  of  taxes  thereafter,  a  tax 
shall  be  levied  upon  the  whole  town  equal  to  the 
amount  of  said  appraisal ;  and  there  shall  be  re- 
mitted to  the  taxpayers  of  each  district  their  propor- 
tional share  of  the  appraised  value  of  the  school 
property  in  such  district :  Provided,  that  if  any  dis- 
trict be  in  debt,  and  said  debt  be  assumed  by  the 
town,  the  amount  of  said  debt  shall  be  deducted  from 
the  whole  amount  to  be  remitted  to  the  taxpayers  of 
said  district.  If,  however,  the  parties  in  interest  pre- 
fer, the  differences  in  the  value  of  the  property  of 
the  several  districts  may  be  adjusted  in  such  manner 
as  they  may  agree  upon. 

SEC.  5.     Upon  the  abolition  or  discontinuance  of 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  43 

any  district,  its  corporate  powers  and  liabilities  shall 
continue  and  remain  so  far  as  may  be  necessary  for 
the  enforcement  of  its  rights  and  duties. 

SEC.  6.  When  a  town  shall  abolish  the  school  dis- 
tricts therein,  the  entire  control,  management  and 
care  of  all  the  public  school  interests  of  the  town 
shall  be  vested  in  the  school  committee  of  that  town, 
and  the  number  of  the  school  committee  in  any  town 
abolishing  the  district  system  may  be,  by  vote  of  the 
town,  increased  to  a  number  not  exceeding  seven. 

SEC.  7.  The  school  committee  of  each  town  shall 
consist  of  three  residents  of  the  town,  or  of  such 
number  as  at  the  present  time  constitute  the  commit- 
tee, and  they  shall  be  divided  as  equalty  as  may  be 
into  three  classes,  whose  several  terms  of  office  shall 
expire  at  the  end  of  three  years  from  the  dates  of 
their  respective  elections  ;  and  in  the  case  of  the  first 
election  of  a  school  committee  under  this  chapter, 
the  terms  of  office  of  the  three  classes  shall  be  re- 
spectively one  year,  two  years  and  three  years  ;  the 
classes  and  their  terms  of  office  to  be  determined  by 
lot  by  the  committee  at  their  first  meeting  after  their 
election.  As  the  office  of  each  class  shall  become  va- 
cant, such  vacancy  or  vacancies  shall  be  filled  by  the 
town  at  its  annual  town  meeting  for  the  election  of 
state  or  town  officers,  or  by  the  town  council  at  its 
next  meeting  thereafter.  In  case  of  a  vacancy  by 
death,  resignation,  or  otherwise  than  as  is  above  pro- 
vided, such  vacancy  shall  be  filled  by  the  town  coun- 
cil until  the  next  annual  town  meeting  for  state  or 
town  officers,  when  it  shall  be  filled  for  the  unexpired 
term  thereof  as  is  above  provided. 


44  SCHOOL  MANUAL. 

SEC.  8.  The  school  committee  of  each  town  shall 
elect  a  superintendent  of  the  public  schools  of  the 
town,  to  perform,  under  the  advice  and  direction  of 
the  committee,  such  duties,  and  to  exercise  such  pow- 
ers, as  the  committee  shall  assign  him,  and  to  receive 
such  compensation  out  of  the  town  treasury  as  the 
town  shall  vote.  Said  superintendent  shall  be  elected 
at  the  first  regular  meeting  of  the  school  committee 
succeeding  the  annual  election  of  school  committee  ; 
but  the  committee  shall  have  power  to  fill  a  vacancy 
,at  any  meeting  duly  called. 

SEC.  9.  The  town  treasurer  shall  receive  the  money 
due  the  town  from  the  state  for  public  schools,  and 
shall  keep  a  separate  account  of  all  money  appropri- 
ated by  the  state  or  town  or  otherwise  for  public 
schools  in  the  town,  and  shall  pay  the  same  to  the 
order  of  the  school  committee,  and  he  shall  credit  the 
public  school  account,  on  the  first  Monday  of  May  in 
^ach  year,  with  the  total  amount  of  money  received 
by  him  for  poll  taxes  during  the  year  ending  the 
thirtieth  day  of  April  last  preceding. 

SEC.  10.  The  town  treasurer  shall,  before  the  first 
•day  of  July  in  each  year,  submit  to  the  school  com- 
mittee a  statement  of  all  moneys  applicable  to  the 
support  of  public  schools  for  the  current  school  year, 
specifying  the  sources  of  the  same. 

SEC.  11.  The  town  treasurer  shall,  on  or  before  the 
first  day  of  July,  annually,  transmit  to  the  commis- 
sioner of  public  schools  a  certificate  of  the  amount 
which  the  town  has  voted  to  raise  by  tax  for  the  sup- 
port of  public  schools  for  the  current  j7ear  ;  and  also 
a  statement  of  the  amount  paid  out  to  the  order  of 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  45 

the  school  committee,  and  from  what  sources  it  was 
derived,  for  the  year  ending  the  thirtieth  day  of  April 
next  preceding  ;  and  until  such  return  is  made  to  the 
commissioner,  he  may,  in  his  discretion,  withhold  the 
order  for  the  money  in  the  state  treasury  belonging 
to  such  town. 

SEC.  12.  The  town  clerk  shall  record  the  bounda- 
ries of  school  districts  and  all  alterations  thereof  in  a 
book  to  be  kept  for  that  purpose,  and  shall  distribute 
such  school  documents  and  blanks  as  shall  be  sent  to 
him,  to  the  persons  for  whom  they  are  intended. 

SEC.  13.  The  town  clerks,  or  some  person  whom 
the  board  of  aldermen  of  any  city,  or  the  town  coun- 
cil of  any  town,  shall  appoint  for  the  purpose,  shall 
annually,  in  the  month  of  January,  take  or  cause  to 
be  taken  a  census  of  all  persons  between  the  ages  of 
five  and  fifteen  years,  inclusive,  residing  within  the 
limits  of  their  respective  towns  on  the  first  day  of 
said  January. 

SEC.  14.  The  blank  forms  required  to  carry  out 
the  requirements  of  the  preceding  section  shall  be 
furnished  by  the  commissioner  of  public  schools  to 
each  town  on  or  before  the  first  day  of  December  in 
each  year,  and  they  shall  call  in  substance  for  the  fol- 
lowing information,  namely,  the  name,  age,  number 
of  weeks'  attendance  upon  any  school,  parents'  name 
and  residence,  of  each  person  enumerated  ;  and  if 
any  parent  or  guardian  shall  refuse  to  give  the  above 
information  in  regard  to  his  children  or  wards,  or 
shall  knowingly  and  wilfully  falsify  such  informa- 
tion, he  shall  be  fined  not  exceeding  twenty  dollars. 


46  SCHOOL   MANUAL. 

SEC.  15.  The  returns  of  said  census  shall  be  al- 
phabetically arranged  and  deposited  in  the  hands  of 
the  school  committees  of  the  several  towns  on  or  be- 
fore the  first  day  of  March  in  each  year  ;  and  the  re- 
ceipt of  the  chairman  or  clerk  of  the  school  commit- 
tee to  the  effect  that  the  above  returns  have  been  so 
received  by  him  shall  be  forwarded  to  the  commis- 
sioner of  public  schools  before  he  shall  draw  his  order 
for  the  payment  of  any  portion  of  the  public  money 
to  that  town. 


CHAPTER  55. 

Of  the  Powers  of  School  Districts. 

^SECTION  i  SECTION 

1.  School  districts  are  bodies  cor-         7.    District  taxes,  how  collected- 

porate.  8.    Town  collector  may  collect. 

2.  Powers  of  school  districts.  9.    Districts  neglecting  to  organ- 

3.  District  may  build  and  repair  ize,  committee  may  establish 

schoolhouses.  the  school. 

4.  May  raise  money  by  tax.  10.    District  may  devolve  its  duties 

5.  Officers  of  the  district.  and    powers    on    the    com" 

6.  Powers  and  duties  of  district  mittee. 

officers. 

SECTION  1.  Every  school  district  shall  be  a  body 
corporate,  and  shall  be  known  by  its  number  or 
other  suitable  designation. 

SEC.  2.  Every  school  district  may  prosecute  and 
defend  in  all  actions  in  which  said  district  or  its 
officers  are  parties,  may  purchase,  receive,  hold  and 
convey,  real  or  personal  property  for  school  purposes, 
and  may  establish  and  maintain  a  school  library. 

SEC.  3.  Every  such  district  may  build,  purchase, 
hire  and  repair  schoolhouses,  and  supply  the  same 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  47 

with  blackboards,  maps,  furniture  and  other  neces- 
sary and  useful  appendages,  and  may  insure  the 
house  and  appendages  against  damage  by  fire  :  Pro- 
vided, that  the  erection  and  repairs  of  the  school- 
house  shall  be  made  according  to  the  plans  approved 
by  the  school  committee  or,  on  appeal,  by  the  com- 
missioner of  public  schools. 

SEC.  4.  Every  such  district  may  raise  money  by 
tax  on  the  ratable  property  of  the  district,  to  support 
public  schools,  and  to  carry  out  the  powers  given 
them  by  any  of  the  provisions  of  this  title  :  Provided , 
that  the  amount  of  the  tax  shall  be  approved  by  the 
school  committee  of  the  town. 

SEC.  5.  Every  such  district  shall  annually  elect  a 
moderator,  a  clerk,  a  treasurer,  a  collector  and  either 
one  or  three  trustees,  as  the  district  shall  decide,  and 
may  fill  vacancies  in  either  of  said  offices  at  any 
legal  meeting.  The  moderator  may  administer  the 
oath  of  office  to  all  the  other  officers  of  the  school 
district. 

SEC.  6.  The  clerk,  collector  and  treasurer,  within 
their  respective  school  districts,  shall  have  the  like 
power,  and  shall  perform  like  duties,  as  the  clerk,  col- 
lector and  treasurer  of  a  town  ;  but  the  clerk,  collect- 
or and  treasurer  need  not  give  bond,  unless  required 
by  the  district. 

SEC.  7.  All  district  taxes  shall  be  collected  by  the 
district  or  town  collector,  in  the  same  manner  as  town 
taxes  are  collected. 

SEC.  8.  Any  district  may  vote  to  place  the  collec- 
tion of  any  district  tax  in  the  hands  of  the  collector 


48  SCHOOL   MANUAL. 

of  town  taxes,  who  shall  thereupon  be  fully  author- 
ized to  proceed  and  collect  the  same,  upon  giving 
bond  therefor  to  the  district  satisfactory  to  the  school 
committee. 

SEC.  9.  If  any  school  district  shall  neglect  to  or- 
ganize, or,  if  organized,  shall  for  any  space  of  six 
months  neglect  to  establish  a  school  and  employ  a 
teacher,  the  school  committee  of  the  town  may  them- 
selves or  by  an  agent  establish  a  school  in  the  dis- 
trict schoolhouse,  or  elsewhere  in  the  district,  in  their 
discretion,  and  employ  a  teacher. 

SEC.  10.  Any  district  may,  with  the  consent  of  the 
school  committee,  devolve  all  the  powers  and  duties 
relating  to  public  schools  in  the  district  on  the  school 
committee. 


CHAPTER  56. 
Of  District  Meetings. 

SECTION  !  SECTION 

1.  Meetings,  notice  of,  how  and       5.    Notice  of  time  and  place,  how 

by  whom  to  be  given.  to  be  given. 

2.  Annual  meeting,  when  held.  6.    Qualification  of  voters. 

3.  Special  meetings,  how  called,  7.    Clerk  to  record  names  of  voters 

4.  District  meeting,  where  held.  on  request. 

SECTION  1.  Notice  of  the  time,  place  and  object  of 
holding  the  first  meeting  of  a  district  for  organization 
or  for  a  meeting,  either  annual  or  special,  to  choose 
officers  or  to  transact  any  other  business,  shall  be 
given  by  the  trustees  or,  in  case  of  the  death,  re- 
moval, resignation  or  disability  of  the  trustees,  by  the 
clerk  of  the  district ;  in  case  there  be  no  trustee  or 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  49 

clerk  authorized  to  call  a  meeting  such  notice  shall 
be  given  b}7  the  school  committee  of  the  town. 

SEC.  2.  Every  school  district  when  organized, 
shall  hold  an  annual  meeting  in  the  month  of  April 
of  each  year  for  choice  of  officers  and  for  the  trans- 
action of  any  other  business  relating  to  schools. 

SEC.  3.  The  trustees  or,  in  case  of  the  death,  re- 
moval, resignation  or  disability  of  the  trustees,  the 
clerk  may  call  a  special  meeting  for  election  or  other 
business  at  any  time,  and  shall  call  one  to  be  held 
within  seven  days  on  the  written  request  of  any  five 
qualified  electors  stating  the  object  for  which  they 
Avish  it  called  ;  and  if  the  trustees  or  clerk,  as  above 
provided,  neglect  or  refuse  to  call  a  special  meeting 
when  so  requested,  the  school  committee  may  call  it 
and  fix  the  time  therefor  :  Provided,  that  no  special 
district  meeting  shall  be  called  without  the  consent  of 
the  school  committee,  to  consider  tiny  subject  which 
shall  have  been  acted  on  by  the  district  at  any  time 
within  six  months  previous  to  the  time  of  such  pro- 
posed meeting. 

SEC.  4.  District  meetings  shall  be  held  in  the 
schoolhouse,  unless  otherwise  ordered  by  the  district. 
If  there  be  no  schoolhouse  or  place  appointed  by  the 
district  for  its  meetings,  the  trustee  or,  in  case  of  the 
death,  removal,  resignation  or  disability  of  the  trus- 
tees, the  clerk,  and,  if  there  be  no  trustees  or  clerk, 
the  school  committee,  shall  determine  the  place, 
which  shall  always  be  within  the  district. 

SEC.  5.  Notice  of  the  time  and  place  of  every 
annual  meeting,  and  of  the  time,  place  and  object  of 


50  SCHOOL  MANUAL. 

every  special  meeting,  shall  be  given,  either  by 
publishing  the  same  in  a  newspaper  published  in  the 
district,  or  by  posting  the  same  in  two  or  more  public 
places  in  the  district  for  five  days  before  holding  the 
same. 

SEC.  6.  Every  person  residing  in  the  district  may 
vote  in  district  meetings  to  the  same  extent  and  with 
the  same  restrictions  as  he  might  at  the  time  vote  in 
town  meeting ;  but  no  person  shall  vote  upon  any 
question  of  taxation  of  propertj^  or  expending  money 
raised  thereby,  unless  he  shall  have  paid  or  be  liable 
to  pay,  a  portion  of  the  tax. 

SEC.  7.  The  clerk  of  the  district  shall  record  the 
number  and  names  of  the  persons  voting,  and  on 
which  side  of  the  question,  at  the  request  of  any 
qualified  voter. 


CHAPTER  57. 

Of  Joint  School  Districts. 


SECTION 


Adjoining  districts  may  estab- 
lish advanced  school. 
Such  districts  to  constitute  a 


SECTION 


in  adjoining  towns  may  be 
formed  into  joint  districts,, 
and  discontinued. 


district  as  to  such  school.  9.    Organization. 


3.  Organization. 

4.  Public  money,  how  drawn. 

5.  Adjoining  districts  in  the  same 

town  may  consolidate. 

6.  To  receive  public  money  as  if 

not  united. 

7.  Organization. 

8.  Adjoining    districts,  or   parts, 


10.  Powers  of  such  joint  district. 

1 1 .  Public  money  to  be  apportioned. 

12.  Corporate  property,  how  owned. 

13.  Apportionment,    when  district 

is  divided. 

14.  Payment,  when,  by  part  of   a 

district  added  to  district. 


SECTION  1.     Any  two   or    more  adjoining  school 
districts  in  the  same  or  adjoining  towns  may,  by  a 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  51 

concurrent  vote,  establish  a  school  for  the  older  and 
more  advanced  children  of  such  districts. 

SEC.  2.  Such  associating  districts  shall  constitute 
a  school  district  for  the  purposes  of  providing  a 
schoolhouse,  fuel,  furniture  and  apparatus,  and  for 
the  election  of  a  board  of  trustees,  to  consist  of  one 
member  from  each  district  so  associating,  and  for 
levying  a  tax  for  school  purposes,  with  all  the  rights 
and  privileges  of  a  school  district,  so  far  as  such 
school  is  concerned. 

SEC.  3.  The  time  and  place  for  the  meeting  for 
organization  of  such  associate  district  may  be  fixed 
by  the  school  committees,  and  any  one  or  more  of  the 
associating  districts  may  delegate  to  the  trustees  of 
such  school  the  care  and  management  of  its  primary 
school. 

SEC.  4.  The  school  committee  of  the  town  or 
towns  in  which  such  school  shall  be  established,  shall 
draw  an  order  in  favor  of  the  trustees  of  such  school, 
to  be  paid  out  of  the  public  money  appropriated  to 
each  district  interested  in  such  school,  in  proportion 
to  the  number  of  scholars  from  each. 

SEC.  5.  Any  two  or  more  adjoining  school  dis- 
tricts in  the  same  town  may,  by  concurrent  vote,  with 
the  approbation  of  the  school  committee,  unite  and 
be  consolidated  into  one  district  for  the  purpose  of 
supporting  public  schools,  and  such  consolidated  dis- 
trict shall  have  all  the  powers  of  a  single  district. 

SEC.  6.  Such  consolidated  district  shall  be  entitled 
to  receive  the  same  proportion  of  public  money  as 
such  districts  would  receive  if  not  united. 


52  SCHOOL  MANUAL. 

SEC.  7.  The  mode  of  organizing  such  consolidated 
district  and  calling  the  first  meeting  thereof  shall  be 
regulated  or  prescribed  by  the  school  committee,  and 
notice  thereof  given  as  prescribed  in  section  five  of 
chapter  fifty-six. 

SEC.  8.  Two  or  more  adjoining  districts,  or  parts 
of  districts,  in  adjoining  towns  may  be  formed  into  a 
joint  school  district  by  the  school  committees  of  such 
towns  concurring  therein ;  and  all  joint  districts 
which  have  been  or  shall  be  formed  may  by  them  be 
altered  or  discontinued. 

SEC.  9.  The  meeting  for  organization  of  such  joint 
district  shall  be  called  by  the  school  committees  of 
such  towns,  and  notice  thereof  shall  be  given  as  pre- 
scribed in  section  five  of  chapter  fifty-six. 

SEC.  10.  Such  joint  district  shall  have  all  the 
powers  of  a  single  school  district,  and  shall  be  regu- 
lated in  the  same  manner,  and  shall  be  subject  to  the 
supervision  and  management  of  the  school  committee 
of  the  town  in  which  the  school  is  located. 

SEC.  11.  A  whole  district  making  a  portion  of 
such  joint  district  shall  be  entitled  to  its  proportion 
of  public  money,  in  the  same  manner  as  if  it  had 
remained  a  single  district ;  and  whenever  part  of  a 
district  is  taken  to  form  a  portion  of  such  joint 
district,  the  school  committee  of  the  town  of  which 
such  district  is  a  part  shall  assign  to  it  its  reasonable 
proportion. 

SEC.  12.  Whenever  any  two  or  more  districts 
shall  be  consolidated,  the  new  district  shall  own  all 
the  corporate  property  of  the  several  districts. 


LAWS  KELATING  TO  PUBLIC  INSTRUCTION.  53 

SEC.  13.  Whenever  a  district  is  divided  and  a  por- 
tion taken  from  it,  the  funds  and  property,  or  the  in- 
come and  proceeds  thereof,  shall  be  divided  among 
the  several  parts  in  such  manner  as  the  school  com- 
mittee of  the  town  or  towns  to  which  the  districts  be- 
long may  determine. 

SEC.  14.  Whenever  a  part  of  one  district  is  added 
to  another  district  or  part  of  a  district  owning  a 
schoolhouse  or  other  property,  such  part  shall  pay  to 
the  district  or  part  of  a  district  to  which  it  is  added, 
if  demanded,  such  sum  as  the  school  committee  may 
determine,  towards  paying  for  such  schoolhouse  and 
other  property. 


CHAPTER  58. 
Of  the  Levy  of  District  Taxes. 


District  taxes,  how  levied. 
Town  assessors  to  assess  value 


SECTION 

6.    Abatement  of  taxes,  when  and 
how  made. 


of  property  in  what  cases.  7.    Schoolhouse  taxes  and  expen- 

3.  Notice  of  assessment.  ses  by  joint  districts,  by  whom 

4.  Commissioner  in  certain  cases  i  to  be  approved. 

may  order  assessment.  8.    Assessment  of  taxes  in  joint  or 

5.  Errors  in  assessment,  how  cor-  associated  districts. 

rected. 

SECTION  1.  District  taxes  shall  be  levied  on  the 
ratable  property  of  the  district,  according  to  its  value 
iii  the  town  assessment  then  last  made,  unless  the  dis- 
trict shall  direct  such  taxes  to  be  levied  according  to 
the  next  town  assessment  ;  and  no  notice  thereof 
shall  be  required  to  be  given  by  the  trustees. 

SEC.  2.     The  trustees  of  any  school  district,  if  un- 


54  SCHOOL   MANUAL. 

able  to  agree  with  the  parties  interested  with  regard 
to  the  valuation  of  any  property  in  such  district,  shall 
call  upon  one  or  more  of  the  town  assessors  not  in- 
terested, and  not  residing  in  the  district,  to  assess  the 
value  of  such  property  so  situated,  in  the  following 
cases,  namely  :  Whenever  any  real  estate  in  the  dis- 
trict is  assessed  in  the  town  tax  bill  with  real  estate 
out  of  the  district,  so  that  there  is  no  distinct  or  sep- 
arate value  upon  it  ;  whenever  any  person  possessing 
personal  property  shall  remove  into  the  district  after 
the  last  town  assessment ;  whenever  a  division  and 
apportionment  of  a  tax  shall  become  necessary  by 
reason  of  the  death  of  any  person,  or  the  sale  of  such 
property ;  whenever  a  person  has  invested  personal 
property  in  real  estate  and  shall  call  upon  the  trus- 
tees to  place  a  value  thereon  ;  and  whenever  property 
ishall  have  been  omitted  in  the  town  valuation. 

SEC.  3.  The  assessors  shall  give  notice  of  such 
assessment  by  posting  up  notices  thereof  for  ten  days 
next  prior  to  such  assessment  in  three  public  places 
in  the  district ;  and  after  notice  is  given  as  aforesaid, 
no  person  neglecting  to  appear  before  the  assessors 
shall  have  any  remedy  for  being  overtaxed. 

SEC.  4.  If  a  district  tax  shall  be  voted,  assessed 
and  approved  of,  and  a  contract  legally  entered  into 
under  it,  or  such  contract  be  legally  entered  into 
without  such  vote,  assessment,  or  approval,  and  said 
district  shall  thereafter  neglect  or  refuse  to  proceed 
to  assess  and  collect  a  tax  sufficient  to  fulfill  such 
contract,  the  commissioner  of  public  schools,  after 
notice  to  and  hearing  of  the  parties,  may  appoint 
assessors  to  assess  a  tax  for  that  purpose,  and  may 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  55 

issue  a  warrant  to  the  collector  of  the  district,  or  to 
a  collector  by  him  appointed,  authorizing  and  requir- 
ing him  to  proceed  and  collect  such  tax. 

SEC.  5.  Errors  in  assessing  a  tax  may  be  corrected, 
or  the  tax  re-assessed,  in  such  manner  as  may  be  di- 
rected or  approved  by  the  commissioner  of  public 
schools. 

SEC.  6.  Whenever  any  person  who  has  paid  a  tax 
for  building  or  repairing  a  schoolhouse  in  one  dis- 
trict shall,  by  alteration  of  the  boundaries  thereof, 
become  liable  to  pay  a  tax  in  any  other  district,  if 
such  person  cannot  agree  with  the  district,  such 
abatement  of  the  tax  may  be  made  as  the  school 
committee,  or  in  case  of  a  district  composed  from 
different  towns,  as  the  commissioner  of  public  schools, 
may  deem  just  and  proper. 

SEC.  7.  Whenever  a  joint  district  shall  vote  to 
build  or  repair  a  schoolhouse  by  tax,  the  amount  of 
the  tax  and  the  plan  and  specifications  of  the  build- 
ing and  repairs  shall  be  approved  by  the  school  com- 
mittees of  the  several  towns,  or,  in  case  of  their  dis- 
agreement, by  the  commissioner  of  public  schools. 

SEC.  8.  In  case  of  assessing  a  tax  by  a  joint  or 
associate  district,  if  the  town  assessments  be  made 
on  different  principles,  or  the  relative  value  be  not 
the  same,  the  relative  value  and  proportion  shall  be 
ascertained  by  one  or  more  persons,  to  be  appointed 
by  the  commissioner  of  public  schools,  and  the  assess- 
ment shall  be  made  accordingly. 


5-6  SCHOOL  MANUAL. 

CHAPTER  59. 

Of  the  Trustees  of  School  Districts. 


SECTION 

1.  Trustees  to  have  charge  of  the 

school  property,  and  to  em- 
ploy teachers. 

2.  To  provide  school  facilities,  visit 

the  schools,  and  report. 

3.  To  furnish  bookcases. 

4.  To  make  out  tax  bills  and  issue 

tax  warrants. 


SECTION 

7.  May  admit  scholars  from  with- 

out the  town  or  state,  when. 

8.  School  committee,  similarly  em- 

powered, if  town  is  not  di- 
vided into  districts. 

9.  Disposition  of  money  received 

for  tuition. 
10.    Attendance   of   scholars   from 


5.    To  make  returns  to  school  com-  i  without  the  district,  where 

mittee.  reckoned. 

G.  The  trustees  to  receive  no  com- 
pensation out  of  the  school 
moneys  for  their  services. 

SECTION  1.  The  trustees  of  school  districts  shall 
have  the  custody  of  the  schoolhouse  and  other  dis- 
trict property,  and  shall  employ  one  or  more  qualified 
teachers  for  every  fifty  scholars  in  average  daily 
attendance. 

SEC.  2.  The  trustees  shall  provide  schoolrooms 
and  fuel,  and  shall  visit  the  schools  twice  at  least 
during  each  term,  and  notify  the  committee  or  super- 
intendent of  the  time  of  opening  and  closing  the 
schools. 

SEC.  3.  The  trustees  shall  provide  a  suitable 
cabinet  or  bookcase  in  each  schoolroom,  for  the  re- 
ception and  care  of  such  text-books  and  school  sup- 
plies as  may  be  furnished  by  the  school  committee. 

SEC.  4.  The  trustees  shall  make  out  the  tax  bill 
against  the  persons  liable  to  pay  the  same,  and 
deliver  the  same  to  the  collector  with  a  warrant  by 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  57 

them  signed  annexed  thereto,  requiring  him  to  collect 
and  pay  over  the  same  to  the  treasurer  of  the  district. 

SEC.  5.  The  trustees  shall  make  returns  to  the 
school  committee  in  manner  and  form  prescribed  by 
them  or  by  the  commissioner,  or  as  may  be  required 
by  law,  and  perform  all  other  lawful  acts  required  of 
them  by  the  district,  or  necessary  to  carry  into  full 
effect  the  powers  and  duties  of  districts. 

SEC.  6.  The  trustees  shall  receive  no  compen- 
sation for  services  out  of  the  money  received  from 
either  the  state  or  town  appropriations,  nor  in  any 
way,  unless  raised  by  tax  by  the  district. 

SEC.  7.  The  trustees  of  any  school  district  may 
allow  scholars  from  without  the  town  or  the  state  to 
attend  the  public  schools  of  such  district,  on  such 
terms  as  the  trustees  may  determine  :  Provided,  that 
such  terms  shall  be  approved  by  the  school  com- 
mittee. 

SEC.  8.  Whenever  a  town  shall  not  be  divided 
into  school  districts,  or  whenever  public  schools  shall 
be  provided  without  reference  to  such  division,  the 
school  committee  may  exercise  the  powers  provided 
in  the  preceding  section  to  be  exercised  by  trustees. 

SEC.  9.  All  moneys  received  for  tuition  as  herein- 
before provided  shall  be  paid  into  the  district  or 
town  treasury,  as  the  case  may  be,  and  shall  be  used 
for  school  purposes  only. 

SEC.  10.  No  attendance  upon  the  public  schools 
authorized  by  the  preceding  three  sections  shall  be 
reckoned  in  determining  the  average  attendance  for 


•58 


SCHOOL   MANUAL. 


the  purpose  of  regulating  the  distribution  of  school 
money ;  but  such  average  attendance  shall  be  re- 
turned to  the  district  where  such  scholars  reside,  and 
be  there  reckoned  with  the  average  attendance  of 
the  schools  of  that  district,  upon  demand  by  the  trus- 
tee thereof. 


CHAPTER  GO. 


Of  the   Powers  and  Duties   of    School  Committees. 


SECTION 

1 .  Chairman  and  clerk.how  chosen 

and  removed. 

2.  Stated  meetings,  when  held. 

3.  Committee  may  alter  and  dis- 

continue districts. 

4.  To  locate  all  schoolhouses. 

5.  Land  for  schoolhouse  sites,  if 

taken  without  owners'  con- 
sent, how  appraised. 
0.    Owner  of  land  may  petition  for 
relief. 

7.  Instruction  to  be  given  in  physi- 

ology and  hygiene. 

8.  Committee  to  examine  teach- 

ers; and  to  annul  certificates, 
when. 

9.  To  visit  schools,  when  and  how 

often. 

10.  To  make  rules  and  regulations 

for  schools. 

11.  May  authorize  children  to  at- 

tend school  in  adjoining  town 
or  district. 


SECTION 

12.  May  suspend  pupils. 

13.  Committee  to  manage  schools, 

if  town  is  not  divided  into 
districts. 

14.  Apportionment  of   the  town's 

share    of    the    state    school 
money  to  the  districts. 

15.  Notice  of  apportionments  to  be 

given  to  trustees. 

1(5—18.  Orders  on  town  treasurer, 
in  what  cases  and  on  what 
conditions  to  be  given. 

19.  Money  forfeited  or  unexpended, 

to  be  divided. 

20.  Annual  report  of  school  com- 

mittee. 

21.  Expense  of  printing  report,  how 

to  be  paid. 

22.  School   committee  to   furnish 

books  and  supplies. 

23.  Change   in  school  books,  how 

made. 


SECTION  1.  The  school  committee  of  each  town 
shall  choose  a  chairman  and  clerk,  either  of  whom 
may  sign  any  orders  or  official  papers,  and  may  be 
removed  at  the  pleasure  of  said  committee. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.      59 

SEC.  2.  The  school  committee  of  each  town  shall 
hold  at  least  four  regular  meetings  in  every  year,  at 
such  time  and  place  within  the  town  as  the  committee 
shall  by  general  order  fix  and  determine. 

SEC.  3.  The  school  committee  may  alter  and  dis- 
continue school  districts,  and  shall  settle  their 
boundaries  when  undefined  or  disputed  ;  but  no 
change  shall  be  made  in  the  boundaries  of  any  dis- 
trict except  at  a  meeting,  notice  of  which,  with  the 
proposed  changes,  has  been  posted  upon  the  school- 
houses  and  sent  to  the  trustees  of  the  districts  whose 
boundaries  are  liable  to  be  affected,  for  at  least  five 
days  before  holding  the  same;  and  no  new  district 
shall  be  formed  with  less  than  fort}7  children  between 
the  ages  of  four  and  sixteen,  unless  with  the  appro- 
bation of  the  commissioner  of  public  schools  ;  and 
the  clerk  of  the  committee  shall  transmit  to  the  town 
clerk  a  certified  copy  of  all  votes  affecting  the  bound- 
ary lines  of  the  districts  immediately  on  the  passage 
thereof. 

SEC.  4.  The  school  committee  shall  locate  all 
schoolhouses,  and  shall  not  abandon  or  change  the 
location  of  any  without  good  cause. 

SEC.  5.  In  case  the  school  committee  shall  fix  upon 
a  location  for  a  schoolhouse  in  any  town  or  district, 
or  shall  determine  that  the  schoolhouse  lot  ought  to 
be  enlarged,  and  the  town  or  district  shall  have 
passed  a  vote  to  erect  a  schoolhouse,  or  to  enlarge 
the  schoolhouse  lot,  and  the  committee  shall  fix  upon 
a  location  for  a  schoolhouse,  and  the  proprietor  of 
the  land  shall  refuse  to  convey  the  same,  or  cannot 


60  SCHOOL  MANUAL, 

agree  with  the  town  or  district  for  the  price  thereof, 
the  school  committee  of  their  own  motion,  or  on 
application  of  the  town  or  district,  may  appoint  three 
disinterested  persons,  who  shall  notify  the  parties 
and  decide  upon  the  valuation  of  the  land  ;  and  upon 
the  tender  or  payment  of  the  sum  so  fixed  on,  to  the 
proprietor,  the  title  to  the  land  so  fixed  on  by  the 
school  committee,  not  exceeding  one  acre,  shall  vest 
in  the  town  or  district  for  the  purpose  of  maintain- 
ing thereon  a  schoolhouse  and  the  necessary  append- 
ages thereof. 

SEC.  6.  Any  person  aggrieved  thereb}T  may,  with- 
in six  months  after  any  tender  as  aforesaid  (but  not 
after  any  payment  as  aforesaid),  petition  the  common 
pleas  division  of  the  supreme  court  in  the  county 
for  such  relief  in  the  premises,  by  way  of  damages  or 
otherwise,  as  to  law  and  justice  shall  appertain,  in 
the  manner  and  with  the  same  procedure  prescribed 
in  sections  fifteen  and  sixteen  of  chapter  forty-six  in 
the  case  of  petition  for  relief  for  over-assessment  for 
taxes. 

SEC.  7.  The  school  committee  of  the  several  towns 
shall  make  provision  for  the  instruction  of  the  pupils 
in  all  schools  supported  wholly,  or  in  part,  by  public 
money,  in  physiology  and  hygiene,  with  special 
reference  to  the  effect  of  alcoholic  liquors,  stimulants 
and  narcotics  upon  the  human  system. 

SEC.  8.  The  school  committee  may  examine,  by 
themselves  or  by  some  one  or  more  persons  by  them 
appointed,  every  applicant  for  the  situation  of 
teacher  in  the  public  schools  of  the  town,  and  may, 
after  five  days'  notice  in  writing,  annul  the  certificate 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  61 

of  such  as  upon  examination  by  them  prove  unquali- 
fied, or  will  not  conform  to  the  regulations  of  the 
committee,  and  in  such  case  shall  give  immediate 
notice  thereof  to  the  trustee  of  the  district  in  which 
such  teacher  is  employed. 

SEC.  9.  The  school  committee  shall  visit,  by  one 
or  more  of  their  number,  every  public  school  in  the 
town  at  least  twice  during  each  term,  once  within 
two  weeks  of  its  opening  and  once  within  two  weeks 
of  its  close ;  at  which  visits  they  shall  examine 
the  register  and  matters  touching  the  schoolhouse, 
library,  studies,  books,  discipline,  modes  of  teaching 
and  improvement  of  the  school. 

SEC.  10.  The  school  committee  shall  make  and 
cause  to  be  put  up  in  each  schoolhouse,  rules  and 
regulations  for  the  attendance  and  classification  of 
the  pupils,  for  the  introduction  and  use  of  text-books 
and  works  of  reference,  and  for  the  instruction, 
government  and  discipline  of  the  public  schools,  and 
shall  prescribe  the  studies  to  be  pursued  therein, 
under  the  direction  of  the  commissioner  of  public 
schools. 

SEC.  11.  Whenever  the  school  committee  of  any 
town  shall  find  that  it  is  more  convenient  or  expedi- 
ent for  any  child  residing  in  said  town  to  attend 
school  in  an  adjoining  town  or  district,  said  com- 
mittee may  arrange  with  the  school  authorities  of 
such  town  or  district  for  the  attendance  of  such  child 
at  their  schools,  and  may  pay  for  such  tuition  out  of 
the  town  appropriation  for  public  schools.  The 
amount  so  paid  shall  be  used  for  school  purposes 
only. 


62  SCHOOL  MANUAL. 

SEC.  12.  The  school  committee  may  suspend  dur- 
ing pleasure  all  pupils  found  guilty  of  incorrigibly 
bad  conduct  or  of  violation  of  the  school  regulations. 

SEC.  13.  Where  a  town  is  not  divided  into  dis- 
tricts, or  shall  vote  in  a  meeting  duly  notified  for 
that  purpose  to  provide  schools  without  reference  to 
such  division,  the  school  committee  shall  manage  and 
regulate  said  schools,  and  draw  all  orders  for  the 
payment  of  their  expenses. 

SEC.  M.  Whenever  the  public  schools  are  main- 
tained by  district  organization,  the  committee  shall 
apportion  among  the  districts,  equalty,  according  to 
the  number  of  schools  maintained  in  each,  the  whole 
of  the  town's  proportion  of  the  one  hundred  and 
twenty  thousand  dollars  received  from  the  state,  and 
in  addition  thereto  at  least  one-fourth  as  much  more 
from  the  town  appropriation  for  the  support  of 
public  schools  ;  the  remainder  of  the  town  appropria- 
tion, and  the  moneys  received  from  poll  and  dog 
taxes,  from  school  funds,  and  from  other  sources, 
shall  be  divided  into  two  equal  parts,  one  part  to  be 
apportioned  to  the  several  districts,  according  to  the 
average  attendance  of  the  schools  therein,  for  the 
year  preceding ;  the  other  part  to  be  apportioned  at 
the  discretion  of  the  committee  :  Provided  always, 
that  the  total  apportionment  for  each  school  shall  not 
be  less  than  one  hundred  and  eighty  dollars. 

SEC.  15.  The  school  committee  shall  make  the 
apportionment  among  the  several  districts  as  pro- 
vided in  the  preceding  section  on  or  before  the  first 
Monday  of  July  in  each  year,  and  immediately  there- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  63 

after  give  notice  to  the  trustees  of  the  amount  so 
apportioned  to  each  district. 

SEC.  16.  The  school  committee  shall  draw  an 
order  on  the  town  treasurer  in  favor  of  such  districts 
only  as  shall  have  made  a  return  to  them  in  manner 
and  form  prescribed  by  them  or  by  the  commissioner 
of  public  schools,  or  as  may  be  required  by  law,  from 
which  it  shall  appear  that  for  the  year  ending  on  the 
first  day  of  May  previous  one  or  more  public  schools 
have  been  kept  for  at  least  six  months  by  a  qualified 
teacher  in  a  schoolhouse  approved  by  the  committee 
or  commissioner,  that  the  money  designated  "teachers' 
money,"  received  the  year  previous,  has  been  applied 
to  the  wTages  of  teachers  and  to  no  other  purpose,  and 
that  the  register  properly  kept  has  been  deposited 
with  the  committee  or  with  some  person  by  them 
appointed  to  receive  the  same. 

SEC.  17.  Such  orders  may  be  made  payable  to  the 
trustees  or  their  order,  or  to  the  district  treasurer,  or 
teacher ;  and  if  the  treasurer  receive  the  money,  he 
shall  pay  it  out  to  the  order  of  the  trustees. 

SEC.  18.  The  school  committee  shall  give  no  such 
order,  until  they  are  satisfied  that  the  services  have 
actually  been  performed  for  which  the  money  is  to  be 
paid  ;  and  they  shall  have  power,  in  case  the  average 
attendance  of  any  school  falls  below  five,  to  suspend 
said  school  in  their  discretion  and  to  make  such  other 
provisions  as  they  may  deem  best  for  the  attendance 
of  the  children,  properly  belonging  to  said  school, 
upon  some  other  public  school ;  but  such  suspension 
shall  not  work  the  forfeiture  of  the  public  money  to 
any  district  provided  for  by  section  sixteen  of  this 


64  SCHOOL   MANUAL. 

chapter.  The  school  committee  may  allow  scholars 
residing  in  one  district  to  attend  school  in  any  other 
district. 

SEC.  19.  At  the  end  of  the  school  year,  any  money 
appropriated  to  any  district  which  shall  be  forfeited 
and  the  forfeiture  not  remitted,  or  which  shall  remain 
unexpended,  shall  be  divided  by  the  committee  among 
the  districts  the  following  year. 

SEC.  20.  The  school  committee  shall  prepare  and 
submit  annually  to  the  commissioner  of  public 
schools,  on  or  before  the  first  day  of  July,  a  report  in 
manner  and  form  by  him  prescribed  ;  and  until  such 
report  is  made  to  the  commissioner,  he  may  refuse  to 
draw  his  order  for  the  money  in  the  state  treasury 
belonging  to  such  town  :  Provided,  that  the  necessary 
blank  for  said  report  has  been  furnished  by  the  com- 
missioner on  or  before  the  first  day  of  May  next  pre- 
ceding ;  they  shall  also  prepare  and  submit  annually, 
at  the  annual  town  meeting,  a  report  to  the  town,  set- 
ting forth  their  doings,  the  state  and  condition  of  the 
schools  and  plans  for  their  improvement,  which  re- 
port, unless  printed,  shall  be  read  in  open  town  meet- 
ing ;  and  if  printed,  at  least  three  copies  shall  be 
transmitted  to  the  commissioner  on  or  before  the  first 
day  of  July  in  each  year. 

SEC.  21.  The  school  committee  may  reserve  annu- 
ally out  of  the  public  appropriation,  a  sum  not  ex- 
ceeding forty  dollars  to  defray  the  expense  of  print- 
ing their  annual  report. 

SEC.  22.  The  school  committee  of  every  city  and 
town  shall  purchase,  at  the  expense  of  such  city  or 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  65 

town,  text-books  and  other  school  supplies  used  in 
the  public  schools ;  and  said  text-books  and  supplies 
shall  be  loaned  to  the  pupils  of  said  public  schools 
free  of  charge,  subject  to  such  rules  and  regulations 
as  to  care  and  custody  as  the  school  committee  may 
prescribe. 

SEC.  23.  A  change  may  be  made  in  the  school- 
books  in  the  public  schools  of  any  town  by  a  vote  of 
two-thirds  of  the  whole  school  committee  ;  and  in  the 
city  of  Providence  by  a  vote  of  a  majority  of  all  the 
members  elected  to  the  school  committee,  notice  of 
the  proposed  change  having  been  given  in  writing  at 
a  previous  regular  meeting  of  said  committee  :  Pro- 
vided, that  no  change  be  made  in  any  text-book  in 
the  public  schools  of  any  town  oftener  than  once  in 
three  years,  unless  by  the  consent  of  the  board  of 
education. 


CHAPTER  61. 

Of  Teachers. 


SECTION 


Certificate  of  qualification  re- 


SECTION 


Teachers  to   keep  register   of 


quired.  scholars  and  certain  records, 

2.  Certificate  valid  for  how  long.  and  make  report. 

3.  Qualifications  of  teachers.  j  6.    School  officers  ineligible  to  teach 

4.  When    teachers   may    be   dis-  j  in  public  schools. 

missed.  !  7.    Moral  instruction. 

SECTION  1.  No  person  shall  be  employed  by  any 
trustee  to  teach  as  principal  or  assistant  in  any  school 
supported  entirely  or  in  part  by  the  public  monej', 
unless  he  shall  have  a  certificate  of  qualification 
signed  either  by  the  school  committee  of  the  town,  or 


66  SCHOOL   MANUAL. 

by  some  person  appointed  by  said  committee,  or  by 
the  trustees  of  the  normal  school. 

SEC.  2.  Such  certificate,  unless  annulled,  if  signed 
by  the  school  committee,  shall  be  valid  within  the 
town  for  one  year  or  for  such  portion  thereof  as  shall 
be  specified  in  said  certificate. 

SEC.  3.  The  school  committee  shall  not  sign  any 
certificate  of  qualification  unless  the  person  named 
in  the  same  shall  produce  evidence  of  good  moral 
character  and  be  found  on  examination  qualified  to 
teach  the  various  branches  required  to  be  taught  in 
the  school. 

SEC.  4.  The  school  committee  of  any  town  may, 
on  reasonable  notice  and  a  hearing  of  such  teacher, 
dismiss  any  teacher  for  refusal  to  conform  to  the  reg- 
ulations by  them  made,  or  for  other  just  cause  ;  and 
in  such  case  shall  give  immediate  notice  to  the  trus- 
tees of  the,  district. 

SEC.  5.  Every  teacher  in  any  public  school  shall 
keep  a  register  of  the  names  of  all  the  scholars  at- 
tending said  school,  their  sex,  age,  names  of  parents 
or  guardians,  the  time  when  each  scholar  enters  and 
leaves  the  school,  the  daily  attendance,  together  with 
the  days  of  the  month  on  which  the  school  is  visited 
by  any  officer  connected  with  public  schools,  and  shall 
prepare  the  return  of  the  district  to  the  school  com- 
mittee of  the  town. 

SEC.  6.  No  superintendent  of  schools  or  member 
of  the  school  committee  of  any  town,  or  trustee  of 
any  school  district,  shall,  so  long  as  he  continues  in 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  67 

said  office  of  superintendent,  member  of  the  school 
committee  or  trustee  of  school  district,  be  eligible  or 
employed  to  teach  as  principal  or  assistant  in  any 
school  supported  entirely  or  in  part  bjr  the  public 
money,  within  the  town  where  said  superintendent, 
member  of  the  school  committee  or  trustee  resides. 

SEC.  7.  Every  teacher  shall  aim  to  implant  and 
cultivate  in  the  minds  of  all  children  committed  to 
his  care  the  principles  of  morality  and  virtue. 


CHAPTER  62. 
Of  Legal  Proceedings  Relating  to  Public  Schools. 

SECTION  SECTIOK 

1.  Appeals  from  decisions  relating       6.    Costs,  in  what  cases  not  to  be 

to  public  schools,  to  whom  ;  taxed  against  school  officers, 

made;  duty  of  commissioner  |  7.    Suit   against   district  may   be 

to  hear  and  decide.  answered   by   inhabitant   or 

2.  Statement  of  facts  may  be  pre-  taxpayer. 

sented  to  justice  of  supreme       8,  9.    Judgment  against  school  dis- 
court.  trict,  how  satisfied. 

3.  Appeals,  rules   of  to   be   pre-     10.    Process  against  school  district, 

scribed  by  commissioner.  how  to  be  served. 

4.  Matters  in  dispute  may  be  sub-      11.    Record  of  clerk  of  district  is 

mitted  to  commissioner   by  '  prima  facie  evidence, 

agreement.  12.    Commissioner  may  remit  cer- 

5.  Votes  ordering  district  taxes,  !  tain  fines,  penalties  and  for- 

final  unless  appealed  from.  feitures. 

SECTION  1.  Any  person  aggrieved  by  any  decision 
or  doings  of  any  school  committee,  district  meeting, 
trustees,  or  in  any  other  matter  arising  under  this 
title,  may  appeal  to  the  commissioner  of  public 
schools  who,  after  notice  to  the  party  interested  of 
the  time  and  place  of  hearing,  shall  examine  and  de- 
cide the  same  without  cost  to  the  parties  :  Provided, 


•68  SCHOOL  MANUAL. 

that  nothing  contained  in  this  section  shall  be  so  con- 
strued as  to  deprive  such  aggrieved  party  of  any  le- 
gal remedy. 

SEC.  2.  The  commissioner  of  public  schools  may, 
and  if  requested  on  hearing  such  appeal  by  either 
party  shall,  lay  a  statement  of  the  facts  of  the  case 
before  one  of  the  justices  of  the  supreme  court,  whose 
decision  shall  be  final. 

SEC.  3.  The  commissioner  of  public  schools  may 
from  time  to  time  prescribe  rules  regulating  the  time 
and  manner  of  taking  such  appeals,  and  rules  to  pre- 
vent appeals  for  trifling  and  frivolous  causes. 

SEC.  4.  Parties  having  any  matter  of  dispute  be- 
tween them  arising  under  this  title,  may  agree  in 
writing  to  submit  the  same  to  the  adjudication  of 
said  commissioner,  and  his  decision  therein  shall  be 
final. 

SEC.  5.  If  no  appeal  be  taken  from  a  vote  of  a 
district  relating  to  the  ordering  of  a  tax,  or  from  the 
proceedings  of  the.  officers  of  the  district  in  assessing 
the  same,  or  if,  on  appeal,  such  proceedings  are  con- 
firmed, the  same  shall  not  again  be  questioned  before 
any  court  of  law  or  magistrate  whatsoever  :  Provided, 
that  this  section  shall  not  be  so  construed  as  to  dis- 
pense with  legal  notice  of  the  meeting,  or  with  the 
approval  of  the  votes  or  proceedings  by  the  school 
committee  or  commissioner  of  public  schools,  when- 
ever the  same  is  required  by  law. 

SEC.  6.  In  any  civil  suit  before  any  court  against 
any  school  officer  for  any  matter  which  might  by  this 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  69 

chapter  have  been  heard  and  decided  by  the  commis- 
sioner of  public  schools,  no  costs  shall  be  taxed  for 
the  plaintiff  if  the  court  are  of  opinion  that  such 
officer  acted  in  good  faith. 

SEC.  7.  Any  inhabitant  of  a  district,  or  person 
liable  to  pay  taxes  therein,  may  be  allowed  by  any 
court  to  answer  a  suit  brought  therein  against  the 
district,  on  giving  security  for  costs,  in  such  manner 
as  the  court  may  direct. 

SEC.  8.  Whenever  judgment  shall  be  recovered 
in  any  court  of  record  against  any  school  district  the 
court  rendering  judgment  shall  order  a  warrant  to  be 
issued,  if  no  proceedings  operating  as  a  stay  be  taken, 
to  the  assessors  of  taxes  of  the  town  in  which  such 
district  is  situated,  or,  in  case  of  a  joint  district  com- 
posed of  parts  of  towns,  then  to  one  or  more  of  the 
assessors  of  each  town,  with  or  without  designating 
them,  requiring  them  to  assess  upon  the  ratable  prop- 
erty in  said  district  a  tax  sufficient  to  pay  the  debts 
or  damages,  costs,  interest  and  a  sum  in  the  discre- 
tion of  the  court  sufficient  to  defray  the  expenses  of 
assessment  and  collection.  Said  assessors  shall,  with- 
out a  new  engagement,  proceed  to  assess  the  same, 
giving  notice  as  in  case  of  other  district  taxes. 

SEC.  9.  Said  warrant  shall  also  contain  a  direction 
to  the  collector  of  the  town,  or  in  case  of  joint  dis- 
trict, then  to  the  collector  of  either  town,  as  the  court 
may  direct,  requiring  him  to  collect  said  tax  ;  and 
said  warrant  with  the  assessment  annexed  thereto, 
shall  be  a  sufficient  authority  for  the  collector,  with- 
out a  special  engagement,  to  proceed  and  collect  the 
same  with  the  same  power  as  in  the  case  of  a  town 


70  SCHOOL  MANUAL. 

tax  ;  and  when  collected,  he  shall  pay  over  the  same 
to  the  parties  to  whom  it  may  belong,  and  the  sur- 
plus, if  any,  to  the  district.  And  the  court  may  re- 
quire a  bond  of  the  collector. 

SEC.  10.  Whenever  any  writ,  summons  or  other 
process  shall  issue  against  any  school  district  in  any 
civil  suit,  the  same  may^be  served  on  the  treasurer  or 
clerk  ;  and  if  there  are  no  such  officers  to  be  found, 
the  officer  charged  with  the  same  may  post  up  a  cer- 
tified copy  thereof  on  the  door  of  the  schoolhouse, 
and,  if  there  be  no  schoolhouse,  then  in  some  public 
place  in  the  district,' and  the  same,  when  proved  to 
the  satisfaction  of  the  court,  shall  constitute  a  suffi- 
cient service  thereof. 

SEC.  11.  The  record  of  the  district  clerk  that  a 
meeting  has  been  duly  or  legally  notified  shall  be 
prima  facie  evidence  that  it  has  been  notified  as  the 
law  requires.  The  clerk  shall  obtain  at  the  expense 
of  the  district  a  suitably  bound  book  for  keeping  the 
record  therein. 

SEC.  12.  The  commissioner  of  public  schools  may, 
by  and  with  the  advice  and  consent  of  the  board  of 
education,  remit  all  fines,  penalties  and  forfeitures 
incurred  by  any  town,  district  or  person,  under  any 
of  the  provisions  of  this  title,  except  the  forfeiture 
incurred  by  any  town  for  not  raising  its  proportion 
of  money. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  71 


CHAPTER  63. 

Of  the  Normal  School,    Teachers'   Institutes  and 
Lectures. 

SECTION  SECTION 

1.  Normal  school,  management  of .       6.    Teachers' institutes,  and  educa- 

2.  Qualification  of  applicants  for  tional  publications,  etc.,  ap- 

tuition.  propiiation  for. 

3.  Diploma,  who  to  receive.  7.    Commissioner  of  public  schools 

4.  Trustees  to  examine  applicants  to  account  to  state  auditor 

to  teach.  for  expenditures. 

5.  When  may  pay  travelling  ex- 

penses of  pupils. 

SECTION  1.  The  normal  school  shall  be  under  the 
management  of  the  board  of  education  and  the  com- 
missioner of  public  schools  as  a  board  of  trustees. 

SEC.  2.  All  applicants  from  the  several  towns  in 
the  state  shall  be  admitted  to  free  tuition  in  said 
school,  after  having  passed  such  an  examination  as 
may  be  prescribed  by  the  board  of  trustees,  and  after 
having-  given  to  such  board  satisfactory  evidence  of 
their  intention  to  teach  in  the  public  schools  of  this 
state  for  at  least  one  year  after  leaving  the  said  school. 

SEC.  3.  Persons  who  shall  have  passed  the  regular 
course  of  studies  at  the  normal  school  shall,  on  the 
written  recommendation  of  the  principal,  receive  a 
diploma  signed  by  the  trustees  of  the  school. 

SEC.  4.  The  said  trustees  may,  by  themselves  or 
by  a  committee  of  their  board,  examine  all  applicants 
to  teach  in  the  public  schools*,  and  shall  give  certifi- 
cates to  such  as  are  found  qualified  to  teach  school. 

SEC.  5.     The   trustees  of  the  normal  school  may 


72  SCHOOL   MANUAL. 

» 

pay  to  each  pupil  who  shall  reside  within  the  state 
and  not  within  five  miles  of  said  school,  who  shall 
have  been  duly  admitted  thereto,  and  who  shall  have 
attended  the  regular  sessions  of  said  school  and  com- 
plied with  the  regulations  thereof  during  the  term 
next  preceding  such  payments,  not  exceeding  ten 
dollars  for  each  quarter  year  for  traveling  expenses  ; 
but  such  payments  in  the  aggregate  for  such  travel- 
ing expenses  shall  not  exceed  the  sum  of  fifteen  hun- 
dred dollars  in  any  one  year,  and  shall  be  made  to 
the  respective  pupils  entitled  to  the  same  in  propor- 
tion to  the  distance  they  may  reside  from  said  school. 

SEC.  6.  A  sum  not  exceeding  five  hundred  dollars 
shall  be  annually  paid  for  defraying  the  necessary 
expenses  and  charges  for  teachers  and  lecturers  for 
teachers'  institutes,  to  be  holden  under  the  direction 
of  the  commissioner  of  public  schools  ;  and  a  sum 
not  exceeding  three  hundred  dollars  shall  be  annually 
paid  under  the  direction  of  the  board  of  education 
for  publishing  and  distributing  among  the  several 
towns  educational  publications,  providing  lectures  on 
educational  topics  and  otherwise  promoting  the  inter- 
ests of  education  in  the  state. 

SEC.  7.  The  commissioner  of  public  schools  shall 
render  an  annual  account  to  the  state  auditor  of  his 
expenditures  under  the  provisions  of  this  chapter 
with  his  vouchers  therefor. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  73 


CHAPTER  G4. 

Of  Truant  Children,  and  of  the  Attendance  of 
Children  in  the  Public  Schools. 

SECTION  SECTION 

1.  Attendance  at  day  schools  re-  children   unable  to  read   or 

quired.  write,  when. 

2.  Private    school    may    be    ap-     11.    Ordinances  to  be  made    con- 

proved.  cerning  truancy  and  idle  chil- 

3.  Truant  officers,   and  their  ap-  dren. 

pointment,  duties  and  fees.         12,  18.    Commitment  and  discharge 

4.  Inquiry  to  be  made  into  causes  of  minors   convicted   under 

of  neglect  to  attend  school.  such  ordinances. 

5-7.    Employment  of  children  be-  j  14.    School  committee  to  report  of 

t  ween  twelve  and  fifteen  years  action  of  town   under  this 

of  age  forbidden,  when,  un-  chapter. 


less,  etc.    Penalty. 
8,  9.    Duties  of  truant  officers,  as 

to  children  employed. 
10.    Penalty    for    employment    of 


15.  Fines,  how  to  inure. 

16.  Jurisdiction  of  district  court. 

17.  Officers  need   not  give  surety 

for  costs. 


SECTION  1.  Every  person  having  under  his  con- 
trol a  child  between  the  ages  of  seven  and  fifteen 
years  shall  annually  cause  such  child  to  regularly  at- 
tend for  at  least  eight}*  full  school  days  some  public 
day  school  in  the  town  or  city  in  which  such  child  re- 
sides ;  and  while  such  child  is  not  lawfully  employed 
to  labor  at  home  or  elsewhere  said  person  shall  cause 
such  child  to  attend  a  public  day  school  regularly 
during  the  days  and  hours  that  the  public  schools 
are  in  session  in  the  city,  town,  or  district  .where 
such  child  resides  ;  and  for  every  neglect  of  such 
duty  the  person  so  offending  shall  be  fined  not  ex- 
ceeding twenty  dollars  :  Provided,  that  if  the  person 
so  charged  shall  prove,  or  shall  present  a  certificate, 
made  by  or  under  the  direction  of  the  school  commit- 
tee of  the  city  or  town  wherein  he  resides,  setting 


74  SCHOOL  MANUAL. 

forth  that  the  child  has  attended  for  the  required 
period  of  time  a  private  day  school  approved  by  the 
school  committee  of  the  city  or  town  where  said  school 
is  located,  or  that  the  child  has  been  otherwise  fur- 
nished for  a  like  period  of  time  with  the  means  of 
education,  or  has  already  acquired  the  elementary 
branches  of  learning  taught  in  the  public  schools,  or 
that  his  physical  or  mental  condition  was  such  as  to 
render  his  attendance  inexpedient  or  impracticable, 
or  that  the  child  was  destitute  of  clothing  suitable 
for  attending  school  and  that  the  person  in  charge 
of  said  child  was  unable  to  provide  such  clothing, 
or  that  the  child  has  been  excused  from  attending 
school  by  the  school  committee  of  the  city  or  town 
where  he  resides,  then  such  penalty  shall  not  be  in- 
curred. 

SEC.  2.  For  the  purposes  of  this  chapter  the  school 
committees  of  the  several  towns  and  cities  shall  ap- 
prove a  private  school  only  when  the  teaching  therein 
is  in  the  English  language  and  when  they  are  satis- 
lied  that  such  teaching  is  thorough  and  efficient,  and 
when  the  persons  in  charge  of  said  school  shall  keep 
the  record  of  the  attendance  of  the  pupils  thereof 
upon  the  blanks  provided  by  the  state  for  such  pur- 
pose and  shall  render  to  the  school  committee  of  the 
town  or  city  where  said  school*  is  located  a  detailed 
report  of  the  attendance  of  any  pupil  for  any  speci- 
fied time  :  Provided,  that  the  request  for  such  report 
is  made  in  writing  and  sets  forth  that  such  pupil  is 
suspected  of  irregular  attendance  or  truancy. 

SEC.  3.  The  town  council  of  each  town,  and  the 
board  of  aldermen  of  each  city,  shall  annually  ap- 
point one  or  more  special  constables,  and  fix  their 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  75 

compensation,  who  shall  be  truant  officers  and  who 
shall,  under  the  direction  of  the  school  committee,  in- 
quire into  all  cases  arising  under  the  provisions  of 
this  chapter,  or  under  any  ordinances  made  in  pur- 
suance thereof  by  the  town  or  city  by  which  such 
officers  were  appointed,  and  shall  alone  be  author- 
ized, in  case  of  violation  of  any  of  the  provisions  of 
this  chapter,  or  of  any  such  ordinances,  to  make 
complaint  therefor  ;  they  shall  also  serve  all  legal 
processes  issued  in  pursuance  of  this  chapter  or  of 
any  such  ordinances,  but  shall  not  be  entitled  to  re- 
ceive any  fees  for  such  service  :  Provided*  however, 
that  in  case  of  the  commitment  of  any  person  under 
the  provisions  of  any  section  of  this  chapter,  or  of 
any  ordinance  made  in  pursuance  thereof,  or  for 
default  of  payment  of  any  fine  and  costs  imposed 
thereunder,  such  officer  shall  be  entitled  to  the  regu- 
lar fees  allowed  by  law  for  similar  service. 

SEC.  4.  The  truant  officers  and  the  school  com- 
mittees of  the  several  towns  and  cities  shall  inquire 
into  all  cases  of  neglect  of  the  duty  prescribed  in 
section  one  of  this  chapter  within  their  respective 
towns  and  cities,  and-  ascertain  the  reasons,  if  any, 
therefor  ;  and  such  truant  officers,  or  any  of  them, 
shall,  when  so  directed  by  the  school  committee,  pros- 
ecute any  person  liable  to  the  penalty  provided  for 
in  said  section  one. 

SEC.  5.  No  child  between  the  ages  of  twelve  and 
fifteen  years  shall  be  employed  in  any  manufacturing, 
mechanical  or  mercantile  establishment,  or  by  any 
telegraph  or  telephone  company  in  this  state,  except 
during  the  vacations  of  the  public  schools  of  the  city, 


76  SCHOOL  MANUAL. 

town  or  district  in  which  such  child  resides,  unless, 
during  the  twelve  months  next  preceding  such  em- 
ployment, he  shall  have  attended  school  as  provided 
for  in  section  one  of  this  chapter,  or  shall  have  al- 
ready acquired  the  elementary  branches  of  learning 
taught  in  the  public  schools,  or  shall  have  been  ex- 
cused by  the  school  committee  of  the  town  or  city  in 
which  such  child  resides  ;  nor  shall  such  employment 
continue  unless  such  child  shall  attend  school  as 
above  provided  each  year,  or  until  he  shall  have  ac- 
quired the  elementary  branches  of  learning  taught 
in  tne  public  schools. 

SEC.  6.  No  child  between  the  ages  of  twelve  and 
fifteen  years  shall  be  so  employed  who  does  not  pre- 
sent a  certificate  made  by  or  under  the  direction  of 
the  school  committee  of  the  city  or  town  in  which 
such  child  resides,  of  his  compliance  with  the  require- 
ments of  section  five  of  this  chapter  ;  and  said  cer- 
tificate shall  also  give  the  place  and  date  of  birth  of 
such  child  as  nearly  accurate  as  may  be  ;  and  every 
owner,  superintendent  or  overseer,  of  any  establish- 
ment or  company  employing  any  such  child  shall 
keep  such  certificate  on  file  so  long  as  such  child  is 
employed  therein.  The  form  of  said  certificate  shall 
be  furnished  by  the  secretary  of  the  state  board  of 
education. 

SEC.  7.  Every  owner,  superintendent  or  overseer 
of  any  such  establishment  or  company  who  employs 
or  permits  to  be  employed  any  child  in  violation  of 
either  of  the  two  next  preceding  sections,  and  every 
parent  or  guardian  who  permits  such  employment, 
shall  be  fined  not  exceeding  twenty  dollars. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  77 

SEC.  8.  The  truant  officers  shall,  at  least  once  in 
every  school  term,  and  as  often  as  the  school  commit- 
tee require,  visit  the  establishments  or  companies  em- 
ploying such  children  in  their  respective  towns  and 
cities,  and  ascertain  whether  the  provisions  of  the 
three  next  preceding  sections  hereof  are  duly  ob- 
served, and  report  all  violations  thereof  to  the  school 
committee. 

SEC.  9.  The  truant  officers  shall  demand  the  names 
of  the  children  under  fifteen  years  of  age  employed 
in  such  establishments  or  companies  in  their  respec- 
tive towns  and  cities,  and  shall  require  the  certifi- 
cates of  age  and  school  attendance,  prescribed  in 
section  six  of  this  chapter,  to  be  produced  for  their 
inspection  ;  and  a  refusal  to  produce  such  certificates 
shall  be  punished  by  a  fine  not  exceeding  ten  dollars. 

SEC.  10.  Every  owner,  superintendent  or  overseer 
of  aify  such  establishment  or  company  who  employs 
or  permits  to  be  employed  therein  a  child  under  fif- 
teen years  of  age  who  cannot  write  his  name,  age  and 
place  of  residence  legibly,  while  the  public  schools 
in  the  town  or  city  where  such  child  lives  are  in  ses- 
sion, shall  for  every  such  offence  be  fined  not  exceed- 
ing twenty  dollars. 

SEC.  11.  The  town  council  of  each  town,  and  the 
city  council  of  each  city,  shall  make  all  needful  pro- 
visions and  arrangements  concerning  habitual  truants 
and  children  who  may  be  found  wandering  about  in 
the  streets  or  public  places  therein,  having  no  lawful 
occupation  or  business,  not  attending  school  and 
growing  up  in  ignorance,  and  shall  make  such  ordi- 
nances as  will  be  most  conducive  to  the  welfare  of 

7* 


78  SCHOOL   MANUAL. 

such  children  and  to  the  good  order  of  such  town  or 
city  ;  and  shall  designate  or  provide  suitable  places 
for  the  confinement,  discipline  and  instruction  of 
such  children. 

SEC.  12.  Every  minor  convicted,  under  an  ordi- 
nance made  under  the  provisions  of  section  eleven  of 
this  chapter,  of  being  an  habitual  truant,  or  of  wan- 
dering about  in  the  streets  and  public  places  of  a 
town  or  city,  or  of  having  no  lawful  employment  or 
business,  or  of  not  attending  school  and  of  growing 
up  in  ignorance,  shall  be  committed  to  any  institu- 
tion of  instruction  or  suitable  place  designated  or 
provided  for  the  purpose  under  the  authority  of  said 
section  eleven,  for  a  period  not  exceeding  two  years. 

SEC.  13.  Children  so  committed  may,  on  satisfac- 
tory proof  of  amendment  or  for  other  sufficient  cause, 
be  discharged  from  such  institution  or  place  by  the 
court  which  committed  them. 

SEC.  14.  The  school  committees  of  the  several 
towns  and  cities  shall  annually  report  to  the  state 
board  of  education  whether  their  towns  or  cities  have 
made  the  provisions  required  by  this  chapter  ;  and  in 
case  the  town  council  of  any  town,  or  the  board  of 
aldermen  and  city  council  of  any  city,  shall  in  any 
year  refuse  or  neglect  to  comply  with  the  provisions 
of  section  three  and  section  eleven  of  this  chapter, 
or  of  either  of  them,  after  having  been  duly  notified 
by  the  commissioner  of  public  schools,  fifty  per  cen- 
tum of  the  money  apportioned  to  such  city  or  town 
from  the  state  for  school  purposes  shall  be  withheld 
until  the  provisions  of  said  section  three  and  section 
eleven  of  this  chapter  have  been  complied  with. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION. 


79 


SEC.  15.  All  fines  under  the  provisions  of  this 
chapter  shall  inure  and  be  applied  to  the  support  of 
the  public  schools  in  the  town  or  city  where  the  of- 
fence was  committed. 

SEC.  16.  The  district  courts  of  the  state  shall 
have  jurisdiction  in  their  respective  districts  of  all 
cases  arising  under  this  chapter  and  all  ordinances 
passed  in  conformity  with  this  chapter. 

SEC.  17.  No  officer  complaining  under  any  of  the 
provisions  of  this  chapter,  or  under  the  provisions  of 
any  ordinance  that  may  be  passed  in  pursuance 
hereof,  shall  be  required  to  give  surety  for  costs  ;  and 
such  officer  shall  not  in  anywise  become  liable  for  any 
costs  that  may  accrue  on  such  complaint. 


CHAPTER  65. 


General  Provisions  Relating  to  Public  Schools. 


SECTION  I  SECTION 

1.  Exclusion  from  school  to  be  by 

general  rule. 

2,  3.  District  officers  to  be  engaged  |    11. 

in  office ;   record  of  district 
clerk  is  prima  facie  evidence. 

4.  Tenure  of  office  of  such  officers.      12. 

5.  Penalty  for  neglect  of  duties. 

6.  School    committee,  board    of 

education  and  commissioner      13. 
may  visit   schools  incorpor- 
ated or  aided  by  the  state. 

7.  Penalty  for  refusing  to  permit  I    14. 

such  visitation. 

8.  Nuisances    near    schoolhouse, 

prohibited.  15. 

9.  Construction     of     the     word 

"  town,"  as   to   the  city   of  j    16. 
Providence. 


Public  schools  in  city  of  Provi- 
dence, how  governed. 

Taking  of  fees,  etc.,  for  promot- 
ing sale  or  exchange  of  school 
books,  etc.,  prohibited. 

Offering  of  fees,  etc.,  to  public 
school  officers  "for  such  pur- 
pose, prohibited. 

Children  of  deceased  soldiers 
and  sailors,  when  admitted 
free  to  public  schools. 

Pupils  not  allowed  to  attend 
public  schools  without  cer- 
tificate of  vaccination. 

Penalty  for  violation  of  provi- 
sions of  this  chapter. 

Special  statutes  prevail. 


SO  SCHOOL  MANUAL. 

SECTION  1.  No  person  shall  be  excluded  from  any 
public  school  in  the  district  to  which  such  person  be- 
longs, if  the  town  is  divided  into  districts,  or,  if  not 
so  divided,  from  the  nearest  public  school,  on  account 
of  race  or  color,  or  for  being  over  fifteen  years  of  age, 
nor  except  by  force  of  some  general  regulation  appli- 
cable to  all  persons  under  the  same  circumstances. 

SEC.  2.  Every  school  district  officer  elected  or  ap- 
pointed under  the  provisions  of  this  title,  except  the 
moderator  of  a  district  meeting,  shall  take  an  engage- 
ment, before  some  person  authorized  to  administer 
oaths,  to  support  the  constitution  of  the  United  States, 
the  constitution  and  laws  of  this  state,  and  faithfully 
to  discharge  the  duties  of  his  office  so  long  as  he  shall 
continue  therein. 

SEC.  3.  The  record  of  the  district  clerk  that  any 
school  district  officer  has  been  duly  engaged  shall  be 
prima  facie  evidence  thereof  ;  and  no  school  district 
officer  shall  enter  upon  the  duties  of  his  office  with- 
out taking  an  engagement. 

SEC.  4.  Every  school  district  officer  elected  or  ap- 
pointed under  the  provisions  of  this  title  shall,  with- 
out a  new  engagement,  hold  his  office  until  the  time 
of  the  next  annual  election  or  appointment  for  such 
office  and  until  his  successor  is  elected  or  appointed 
and  qualified. 

SEC.  5.  Every  officer  who  shall  make  any  false 
•certificate,  or  appropriate  any  public  school  money  to 
-any  purpose  not  authorized  by  law,  or  who  shall  re- 
fuse for  a  reasonable  charge  to  give  certified  copies  of 
any  official  paper,  or  to  account  for  or  deliver  to  his 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  81 

successor  any  accounts,  papers  or  money  in  his  hands, 
or  shall  wilfully  or  knowingly  refuse  to  perform  any 
duty  of  his  office,  or  violate  any  provisions  of  any 
law  regulating  public  schools,  except  where  a  partic- 
ular penalty  may  be  prescribed,  shall  be  fined  not  ex- 
ceeding five  hundred  dollars  or  be  imprisoned  not  ex- 
ceeding six  months,  and  shall  be  liable  to  an  action 
of  the  case  for  damages  to  be  brought  by  any  person 
injured  thereby. 

SEC.  6.  Any  school  receiving  aid  from  the  state, 
•either  by  direct  grant  or  by  exemption  from  taxation, 
may  be  visited  and  examined  by  the  school  commit- 
tee of  the  town  in  which  such  school  is  situated,  and 
by  the  members  of  the  board  of  education  and  the 
commissioner  of  public  schools,  whenever  they  shall 
<ileem  it  advisable. 

SEC.  7.  Whenever  such  school  shall  refuse  to  per- 
mit such  visitation,  when  requested,  its  exemption 
from  taxation  shall  thereafter  cease  and  be  deter- 
mined. 

SEC.  8.  No  person  shall  keep  any  swine  in  any 
pen  or  other  enclosure,  or  shall  keep  or  suffer  to  be 
kept  any  other  nuisance,  within  one  hundred  feet  of 
any  schoolhouse  or  within  one  hundred  feet  of  any 
fence  enclosing  the  yard  of  any  such  schoolhouse. 

SEC.  9.  In  the  construction  of  this  title,  except  in 
the  construction  of  chapter  sixty-four,  and  sections 
six  and  seven  of  this  chapter,  and  section  twenty- 
three  of  chapter  sixty,  the  word  "  town  "  shall  include 
the  city  of  Providence  only  so  far  as  to  entitle  said 
city  to  a  distributive  share  in  the  public  money,  upon 


82  SCHOOL   MANUAL. 

making  a  report  to  the  commissioner  in  the  same 
manner  as  the  school  committees  of  other  towns  are 
required  to  do. 

SEC.  10.  The  public  schools  in  said  city  shall  con- 
tinue, as  heretofore,  to  be  governed  according  to  such 
ordinances  and  regulations  as  the  proper  city  author- 
ities may  from  time  to  time  adopt. 

SEC.  11.  No  superintendent  or  school  committee 
of  any  town,  or  any  person  officially  connected  with 
the  government  or  direction  of  the  public  schools,  shall 
receive  any  private  fee,  gratuity,  donation  or  com- 
pensation in  any  manner  whatsoever  for  promoting 
the  sale  or  the  exchange  of  any  schoolbook,  map  or 
chart  in  any  public  school,  or  be  an  agent  for  the 
sale  or  the  publisher  of  any  school  text-book,  or  be 
directly  or  indirectly  pecuniarily  interested  in  the 
introduction  of  any  school  text-book  ;  and  any  such 
agency  or  interest  shall  disqualify  any  person  so  act- 
ing or  interested  from  holding  any  school  office  what- 
soever. 

SEC.  12.  No  person  shall  offer  to  any  public  school 
officer  any  fee,  commission  or  compensation  whatso- 
ever, as  an  inducement  to  effect  through  such  officer 
.any  sale  or  promotion  of  sale,  or  exchange,  of  any 
schoolbook,  map,  chart  or  school  apparatus. 

SEC.  13.  All  the  public  schools  in  the  state,  in- 
cluding the  State  Normal  School,  shall  be  open  to  the 
children  of  officers  and  soldiers  belonging  to  the  state, 
mustered  into  the  service  of  the  United  States,  and 
of  those  persons  belonging  to  the  state,  and  serving 
in  the  navy  of  the  United  States,  who  died  in  said 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  83 

service  during  the  late  rebellion  against  the  authority 
of  the  United  States,  or  who  were  discharged  from 
said  service  in  consequence  of  wounds  or  disease  con- 
tracted in  said  service,  or  who  were  killed  in  battle, 
without  any  cost  or  expense  for  taxes  or  other  charges 
imposed  for  purposes  of  public  education. 

SEC.  14.  No  person  shall  be  permitted  to  attend 
any  public  school  in  this  state  as  a  pupil,  unless  such 
person  shall  furnish  to  the  teacher  of  such  school  a 
certificate  of  some  practicing  physician  that  such  per- 
son has  been  properly  vaccinated  as  a  protection  from 
smallpox  ;  and  every  teacher  in  the  public  schools 
shall  keep  a  record  of  the  names  of  such  pupils  in 
their  respective  schools  as  have  presented  such  cer- 
tificate. 

SEC.  15.  Every  person  violating  any  provision  of 
this  chapter  shall  be  fined  not  exceeding  fifty  dollars 
or  be  imprisoned  not  exceeding  thirty  days,  unless, 
herein  otherwise  provided. 

SEC.  16.  The  foregoing  provisions  of  this  title  are 
subject  to  the  provisions  of  any  special  statutes  re- 
specting schools,  or  the  management  of  schools,  in 
any  particular  town  or  city,  none  of  which  are  re- 
pealed hereby. 


84  SCHOOL   MANUAL. 


CHAPTER  66. 

Of  the  Rhode  Island  College  of  Agriculture  and 
Mechanic  Arts. 


SECTION 

1.  Continued  a  body  corporate  for 

what  purposes. 

2.  Location.    To  have  moneys  re- 

ceived     from     the     United 


SECTION 

3.  Board  of   managers;   term   of 

office,    vacancies,   and    resi- 
dence. 

4.  Officers  of  the  board. 

States.  5.    Duties  of  officers  and  teachers. 

SECTION  1.  The  present  board  of  managers  of  the 
Rhode  Island  College  of  Agriculture  and  Mechanic 
Arts,  and  their  successors,  for  the  terms  for  which 
they  have  been  or  for  which  they  hereafter  may  be 
appointed  or  elected  as  such  managers,  shall  con- 
tinue to  be  a  body  politic  and  corporate  for  the  pur- 
pose of  continuing  and  maintaining  said  college  cor- 
poration as  a  college  where  the  leading  object  shall 
be,  without  excluding  other  scientific  and  classical 
studies,  and  including  military  tactics,  to  teach  such 
branches  of  learning  as  are  related  to  agriculture  and 
the  mechanic  arts,  in  order  to  promote  the  liberal  and 
practical  education  of  the  industrial  classes  in  the 
several  pursuits  and  professions  of  life,  as  provided 
in  the  act  of  the  Congress  of  the  United  States  ap- 
proved July  2,  1862,  entitled  "  An  act  donating  pub- 
lic lands  to  the  several  states  and  territories  which 
may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,"  and  for  the  purpose  of  con- 
tinuing and  maintaining  an  agricultural  experiment 
station  as  a  department  of  said  college  under  and  in 
accordance  with,  and  to  carry  out  the  purposes  of,  the 
act  of  Congress  approved  March  2,  1887,  entitled  "An 
act  to  establish  agricultural  experiment  stations  in 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  85 

connection  with  the  colleges  established  in  the  sev- 
eral states  under  the  provisions  of  an  act  approved 
July  2,  1862,  and  of  the  acts  supplementary  thereto," 
by  the  said  name  of  "  Rhode  Island  College  of  Agri- 
culture and  Mechanic  Arts,"  with  all  the  powers  and 
privileges,  and  subject  to  all  the  duties  and  liabilities 
set  forth  in  chapter  one  hundred  seventy-seven. 

SEC.  2.  Said  college  and  experiment  station  shall 
until  otherwise  ordered  continue  to  be  located  in  the 
town  of  South  Kingstown  upon  the  estate  now  occu- 
pied by  them,  and  all  moneys  hereafter  received 
under  said  act  of  Congress  approved  March  2,  1887r 
and  under  the  act  of  Congress  approved  August  30, 
1890,  entitled  "  An  act  to  apply  a  portion  of  the  pro- 
ceeds of  the  public  lands  to  the  more  complete  en- 
dowment and  support  of  the  colleges  for  the  benefit 
of  agriculture  and  the  mechanic  arts,  established 
under  the  provisions  of  an  act  of  Congress  approved 
July  2,  1862,"  and  all  other  moneys  which  shall  be 
received  by  the  state  for  the  promotion  of  agriculture- 
or  the  mechanic  arts  under  or  by  virtue  of  any  act  of 
Congress,  shall,  as  and  when  received,  be  paid  over 
to  the  treasurer  for  the  time  being  of  said  college 
corporation,  to  be  used  and  applied  and  accounted 
for  by  the  managers  and  officers  of  said  corporation 
for  the  time  being,  as  required  by  the  respective  acts 
of  Congress  under  which  the  same  are  received.  And 
the  managers  and  officers  of  said  corporation  shall 
perform  all  the  duties,  and  make  and  publish,  dis- 
tribute and  render  all  bulletins  and  reports  required 
by  said  acts  of  Congress,  or  by  any  acts  in  amend- 
ment thereof  or  supplementary  thereto  ;  and  shall 


86  SCHOOL  MANUAL. 

also  report  to  the  general  assembly  annually  at  its 
January  session. 

SEC.  3.  The  several  members  of  said  present  board 
of  managers  of  said  college  corporation  shall  continue 
to  hold  their  respective  offices  during  the  terms  for 
which  they  were  last  appointed  and  until  their  re- 
spective successors  are  qualified  to  act ;  and  upon 
the  expiration  of  the  term  of  office  of  that  member 
of  said  board  whose  term  shall  expire  next  after  the 
General  Laws  shall  go  into  operation,  and  in  every 
year  thereafter,  there  shall  be  one  member  of  said 
board  appointed  by  the  governor,  with  the  advice 
and  consent  of  the  senate,  for  the  term  of  five  years 
and  until  his  successor  shall  be  qualified  to  act.  In 
case  of  a  vacancy  in  said  board  such  vacancy  shall 
be  filled,  if  the  general  assembly  be  in  session,  by  the 
governor  with  the  advice  and  consent  of  the  senate, 
if  not  in  session  by  the  governor  until  the  next  ses- 
sion of  the  general  assembly,  when,  as  soon  as  may 
be,  an  appointment  shall  be  made  by  the  governor 
with  the  advice  and  consent  of  the  senate,  to  fill  such 
vacancy,  and  the  person  so  appointed  shall  hold  his 
office  for  the  remainder  of  the  unexpired  term.  And 
every  future  member  of  said  board  shall  be  a  domi- 
ciled inhabitant  of  the  same  county  as  was  the  retir- 
ing member  of  the  board  whose  place  he  is  appointed 
to  fill. 

SEC.  4.  Said  board  of  managers  shall  annually 
elect  one  of  their  own  number  to  be  president  of 
the  board,  who  shall  also  be  the  president  of  the  cor- 
poration and  shall  continue  in  office  until  his  succes- 
sor is  elected.  They  shall  also  from  time  to  time 
appoint  a  treasurer  and  a  clerk,  who  shall  also  be 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  87 

officers  of  the  corporation,  and  who  may  be,  but  need 
not  necessarily  be,  the  same  person  or  members  of 
the  board,  and  who  shall  hold  their  respective  offices 
at  the  pleasure  of  the  board.  The  treasurer  before 
entering  upon  his  office  shall  give  bond  to  the  state 
for  the  faithful  discharge  of  his  duties,  in  form  to  be 
approved  by  the  attorney-general,  in  a  penal  sum  to 
be  fixed  by  the  said  board  of  managers  and  with 
surety  or  sureties  to  be  approved  by  the  governor ; 
such  bond  to  be  filed  and  to  be  kept  on  file  in  the 
office  of  the  secretary  of  state,  and  which  bond  shall 
be  renewed  whenever  required  by  the  board  of  man- 
agers or  by  the  governor.  And  the  treasurer  shall 
make  a  full  detailed  report  annually  to  the  general 
assembly,  at  its  January  session,  of  all  his  receipts 
and  expenditures,  properly  audited  by  the  board  of 
managers  or  a  committee  thereof. 

SEC.  5.  Said  board  of  managers  shall  have  the 
general  care  and  management  of  said  estate  in  South 
Kingstown  and  of  said  college  and  experiment  sta- 
tion, and  may  employ  professors,  teachers  and  other 
persons  in  and  about  the  same  and  prescribe  their 
duties  and  fix  their  compensation,  and  from  time  to 
time  make  rules  and  regulations  for  their  govern- 
ment ;  and  may  also  make  by-laws,  rules,  and  regula- 
tions to  govern  their  own  meetings  and  proceedings. 
Said  board  of  managers  shall  from  time  to  time  ap- 
point the  faculty  of  said  college  ;  and  such  faculty 
shall  from  time  to  time  arrange  the  courses  of  study, 
conforming  to  said  acts  of  Congress  in  this  behalf, 
and  prescribe  such  qualifications  for  admission  of 
students,  and  such  rules  of  study,  exercise,  disci- 
pline, and  government,  as  they  shall  deem  proper  ; 


88  SCHOOL  MANUAL. 

they  may  also  grant  academical  degrees  and  diplomas 
appropriate  to  the  courses  of  study  to  those  students 
of  good  moral  character  who  shall  have  pursued  the 
prescribed  courses  and  passed  satisfactory  examina- 
tions. 


CHAPTER  67. 

Of  State  Beneficiaries  at  the  Rhode  Island  School  of 
Design. 


SECTION 

1.  Appropriations  for. 

2.  Annual  report. 

3.  Ex-officio  directors. 


SECTION 
4,  5.  State  beneficiaries,  and  bow 

appointed. 
6.    Tuition  fees,  how  paid. 


SECTION  1.  Such  sums  as  shall  be  from  time  to 
time  appropriated  by  the  general  assembly  to  the 
Rhode  Island  School  of  Design,  shall  be  paid  by  the 
general  treasurer  upon  the  orders  of  the  state  board 
of  education,  who  are  hereby  empowered  and  author- 
ized to  visit  and  examine  said  school  at  their  pleasure. 

SEC.  2.  The  directors  of  the  above-named  school 
of  design  shall  make  an  annual  report  to  the  state 
board  of  education  in  manner  and  form  prescribed 
by  said  board  of  education. 

SEC.  3.  The  state  board  of  education  are  hereby 
authorized  and  empowered  to  elect  two  of  their  num- 
ber who,  by  virtue  of  said  election,  shall  be  members 
of  the  board  of  directors  of  said  school  of  design. 

SEC.  4.  The  state  board  of  education  are  hereby 
authorized  to  appoint  as  state  beneficiaries  at  the 
Rhode  Island  School  of  Design,  persons  of  proper 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION. 


89 


age,  character  and  acquirements,  who  have  not  the 
means  of  defraying  the  expense  of  instruction  in  said 
school  themselves. 

SEC.  5.  The  secretary  of  the  board  of  education 
shall  receive  and  file  in  their  order  the  applications 
of  all  persons  who  desire  to  receive  such  appoint- 
ment ;  and  in  making  their  appointments  the  board 
shall,  as  far  as  practicable,  make  them  so  that  the 
people  of  the  several  counties  may  participate  in  the 
advantages  as  nearly  as  possible  in  proportion  to  the 
respective  populations  of  the  counties  according  to 
the  last  United  States  census. 

SEC.  3.  The  board  of  education  are  hereby  author- 
ized to  draw  their  orders  on  the  general  treasurer  for 
the  payment  of  the  tuition  fees  of  the  beneficiaries 
appointed  by  them  as  above. 


CHAPTER  68. 


Of  Factory  Inspection. 


SECTION 

1,  2.  Children  under  12  years  of  age 
not  to  be  employed  in  fac- 
tories. 


SECTION 

3.  Factory  inspectors ;  appoint- 
ment, tenure  of  office  and 
duties. 


SECTION  1.  No  child  under  twelve  years  of  age 
shall  be  employed  in  any  factory,  manufacturing  or 
mercantile  establishment,  within  this  state.  It  shall 
be  the  duty  of  every  person,  firm  or  corporation  em- 
ploying children,  to  keep  a  register  in  which  shall  be 
recorded  the  name,  birthplace,  age  and  place  of  resi- 
dence of  every  person  employed  under  the  age  of 

8* 


90  SCHOOL   MANUAL. 

sixteen  years  ;  and  said  register  shall  be  produced  for 
inspection  on  demand  by  either  of  the  inspectors  ap- 
pointed under  this  chapter. 

SEC.  2.  No  person,  firm  or  corporation  employing 
less  than  five  persons  who  are  women  or  children  shall 
be  deemed  a  factory,  manufacturing  or  mercantile  es- 
tablishment within  the  meaning  of  this  chapter. 

SEC.  3.  The  governor  shall,  between  the  fifteenth 
and  thirtieth  days  of  June,  in  the  year  eighteen  hun- 
dred ninety-seven,  and  between  the  fifteenth  and 
thirtieth  days  of  June  in  every  third  year  thereafter, 
appoint  two  factory  inspectors,  one  of  whom  shall  be 
a  woman,  whose  term  of  office  shall  be  three  years 
from  date  of  their  appointment  and  until  their  suc- 
cessors shall  qualify.  They  shall  at  all  times  be  sub- 
ject to  removal  by  the  governor  for  neglect  of  duty 
or  malfeasance  in  the  discharge  of  duty  ;  and  in  case 
of  removal  as  aforesaid,  or  of  vacancies  in  said  offi- 
ces from  any  cause,  the  governor  shall  appoint  suc- 
cessors to  fill  such  vacancies  for  the  unexpired  term 
of  said  office.  The  said  inspectors  shall  be  empow- 
ered to  visit  and  inspect,  at  all  reasonable  hours,  and 
as  often  as  practicable,  the  factories,  workshops  and 
other  establishments  in  the  state  employing  women 
or  children,  and  shall  report  to  the  general  assembly 
of  this  state  at  its  January  session  in  each  year,  in- 
cluding in  said  report  the  names  of  the  factories,  the 
number  of  such  hands  emploj^ed,  and  the  number  of 
hours'  work  performed  each  week.  It  shall  also  be 
the  duty  of  said  inspectors  to  enforce  the  provisions 
of  this  chapter,  and  to  prosecute  all  violations  of  the 
same  before  any  court  of  competent  jurisdiction  in 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION. 


91 


the  state.  The  said  inspectors  shall  devote  their  whole 
time  and  attention  to  the  duties  of  their  respective 
offices.  In  case  of  any  conflict  of  authority  between 
the  said  inspectors,  either  of  them  may  apply  for  in- 
structions to  the  governor,  whose  decision  of  the  con- 
troversy, after  hearing  the  statement  of  each  inspec- 
tor and  making  such  further  investigation  of  the 
circumstances  as  he  may  deem  necessary,  shall  be 
final. 


CHAPTER  85. 

Of  Provision  for  the  Education  of  Deaf,  Blind,  and 
Imbecile  Children. 


SECTION 

1.  State  beneficiaries. 

2.  Supervision,  and  annual  report. 


SECTION 

3.  Clothing,  how  furnished. 

4.  Bills,  how  approved  and  paid. 


SECTION  1.  The  governor,  on  recommendation  of 
the  state  board  of  education,  upon  application  of  the 
parent  or  guardian,  may  appoint  any  deaf,  blind  or 
imbecile  child,  being  a  legal  resident  of  this  state, 
who  shall  appear  to  said  board  to  be  a  fit  subject  for 
education,  as  a  state  beneficiary  at  any  suitable  insti- 
tution or  school  now  established,  or  that  may  be  es- 
tablished, either  within  or  without  the  state,  for  such 
period  as  he  may  determine  :  Provided,  that  no  ben- 
eficiary shall  receive  educational  aid  for  a  longer  time 
than  ten  years  ;  and  the  governor  shall  have  the  power 
to  revoke  any  such  appointment  at  any  time  for  cause. 

SEC.  2.  The  board  of  education  are  hereby  clothed 
with  the  duty  and  responsibility  of  supervising  the 


92  SCHOOL   MANUAL. 

education  of  all  such  beneficiaries,  and  no  child  ap- 
pointed as  above  shall  be  withdrawn  from  any  insti- 
tution or  school  except  with  their  consent,  or  the  con- 
sent of  the  governor  ;  and  said  board  shall  annually 
report  to  the  general  assembly  their  doings  under 
this  chapter,  with  such  further  information  in  rela- 
tion to  the  several  institutions  at  which  these  bene- 
ficiaries have  been  placed  as  may  be  deemed  desirable. 

SEC.  3.  The  board  of  education  may  expend  in 
the  purchase  of  necessary  clothing  for  such  benefi- 
ciaries a  sum  not  exceeding  twenty  dollars,  in  any 
calendar  year,  for  a  single  child. 

SEC.  4.  All  bills  arising  under  this  chapter  shall 
be  examined  and  approved  by  the  board  of  educa- 
tion, and  the  state  auditor  is  hereby  authorized  to 
draw  his  orders  on  the  general  treasurer  for  the  pay- 
ment thereof  when  properly  certified  by  the  secretary 
of  the  board  and  approved  by  the  governor,  and  a 
sum  not  to  exceed  twelve  thousand  dollars,  or  so 
much  thereof  as  may  be  needed,  is  hereby  annually 
appropriated  therefor  out  of  any  money  in  the  treas- 
ury not  otherwise  appropriated. 


CHAPTER  86. 
Of  the  Rhode  Island  Institute  for  the  Deaf. 

SECTION  \  SECTION 

1.  Management  and  control  vested  of    the   institute,    and   how 

in  trustees.  managed. 

2.  Trustees,   how  appointed   and       5.    Trustees  to  report  annually  to 

term  of  office.  genei'al  assembly. 

3.  Power  of  board  of  trustees  to       6.    This  chapter  not   affected   by 

admit.  chapter  51,  sections  9,  10  and 

4.  Who  may  be  admitted.   Objects  i  11. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  93 

SECTION  1.  The  governor  and  lieutenant-governor 
together  with  nine  citizens  of  this  state,  of  whom  six 
shall  be  men  and  three  women,  to  be  appointed  as 
hereinafter  provided,  shall  constitute  a  board  of  trus- 
tees in  whom  shall  be  vested  the  management  and 
control  of  a  state  institution  for  the  instruction  and 
maintenance  of  deaf  children  in  accordance  with  the 
provisions  of  this  chapter.  Such  institution  shall  be 
known  as  the  Rhode  Island  Institute  for  the  Deaf. 

SEC.  2.  Said  trustees,  other  than  the  governor 
and  lieutenant-governor,  shall  be  appointed  by  the 
governor  ;  and  said  trustees  now  in  office  shall  con- 
tinue to  serve,  in  classes  of  three  each,  for  and  dur- 
ing the  terms  for  which  they  were  appointed,  respect- 
ively; and  in  the  year  eighteen  hundred  ninety-seven, 
and  once  in  every  two  years  thereafter,  three  trustees 
in  the  said  board  shall  in  the  same  manner  be  ap- 
pointed for  a  term  of  six  years,  to  fill  the  places  of 
those  whose  terms  shall  have  expired;  and  vacancies 
which  may  occur  from  death  and  resignation  shall 
be  filled  by  the  governor  for  the  remainder  of  the 
unexpired  term.  The  members  of  said  board  of  trus- 
tees shall  receive  no  compensation  for  their  services. 

SEC.  3.  The  board  of  trustees  may  admit  such 
persons  therein  as  hereinafter  is  provided. 

SEC.  4.  Deaf  persons  between  the  ages  of  three 
and  twenty  years,  and  of  sufficient  capacity  for  in- 
struction, who  are  legal  residents  of  the  state,  shall 
be  entitled  to  the  privilege  of  the  school  without 
charge,  and  for  such  period  of  time  in  each  indi- 
vidual case  as  may  be  deemed  expedient  by  the  board 
of  trustees;  residents  of  other  states  may  be  admitted 


34  SCHOOL  MANUAL. 

upon  the  payment  of  such  rates  of  board  and  tuition 
-as  may  be  fixed  by  the  board  of  trustees.  The  pri- 
mary object  of  the  school  shall  be  to  furnish  to  the 
deaf  children  of  this  state,  oral  instruction,  and  the 
best  known  facilities  for  the  enjoyment  of  such  a 
share  of  the  benefits  of  the  system  of  free  public  edu- 
cation as  their  afflicted  condition  will  admit  of.  The 
board  of  trustees  shall  have  charge  of  the  affairs  of 
the  institution,  with  power  to  make  such  by-laws  and 
regulations  for  the  government  thereof  (not  inconsis- 
tent with  the  provisions  of  this  chapter)  as  they  may 
deem  expedient.  They  shall  elect  from  their  own 
number  a  president  and  secretary,  together  with 
such  standing  committees  as  they  may  deem  neces- 
sary. They  shall  appoint  a  principal  who  shall  be 
chief  executive  officer  of  the  institution,  and  shall 
have  charge  of  the  educational  and  internal  affairs 
of  the  institution,  and  shall  also,  upon  the  nomina- 
tion of  the  principal,  appoint  teachers  and  subordi- 
nate officers,  prescribe  the  duties  and  terms  of  service 
of  the  same,  and  fix  their  salaries,  and  for  just  cause 
remove  any  or  all  of  them.  They  shall  likewise 
employ  the  requisite  number  of  servants  and  other 
assistants,  and  fix  the  wages  of  the  same,  and  shall 
purchase  all  furniture,  schoolbooks,  school  appara- 
tus and  other  supplies  necessary  to  the  equipment 
and  carrying-on  such  institution. 

SEC.  5.  The  board  of  trustees  shall  annually  in 
the  month  of  January  make  a  report  to  the  general 
assembly,  of  the  state  and  condition  of  the  school, 
and  a  statement  of  all  expenses  incurred  for  salaries, 
maintenance,  tuition  and  other  items  of  current  ex- 
pense, together  with  an  estimate  of  the  amount  of 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION. 


95 


money  necessary  to  meet  the  current  expenses  of  the 
next  year. 

SEC.  6.  The  provisions  of  this  chapter  are  not  re- 
pealed, affected  or  modified  by  the  provisions  of  sec- 
tions nine,  ten  and  eleven  of  chapter  fifty-one. 


CHAPTER  87. 


Of  the  State  Home  and  School  for  Children. 


SECTION 

1-3.  Board  of  control ;  number, 
term  of  office,  and  how  ap- 
pointed. 

Secretary,  duties  and  term  of 
office. 

Compensation  to  secretary  only, 
but  traveling  expenses  to  all. 

Government  of  the  school. 

What  children  to  be  received ; 


4. 


5. 


SECTION 

what  may  be  returned,  whenv 
to  authorities. 

8.  Object  of  school,  and  duty  of 

the  board. 

9.  Jurisdiction  of  probate  courts. 

10.  Board  to  keep  a  register  of  the 

children  in  the  school. 

11.  To  make  annual  report  to  board 

of  education. 


SECTION  1.  The  control  and  maintenance  of  the 
state  home  and  school  for  dependent  and  neglected 
children  shall  continue  to  be  vested  in  a  board  of 
control,  to  be  called  the  "board  of  control  of  the 
state  home  and  school."  Said  school  shall  be  known 
as  the  State  Home  and  School  for  Children. 

SEC.  2.  The  said  board  shall  consist  of  seven  per- 
sons, four  of  whom  shall  be  men  and  three  women, 
and,  in  addition,  of  such  person  as  may  be  secretary 
of  said  board.  The  terms  of  office  of  the  members 
of  said  board  shall  begin  on  the  first  day  of  July. 


SEC.  3.     The  governor,  by   and  with   the  advice 


96  SCHOOL  MANUAL, 

and  consent  of  the  senate,  shall  appoint  the  members 
of  said  board,  other  than  the  secretary  ;  and  he  shall 
annually,  upon  the  expiration  of  the  term  of  office 
of  any  of  said  board,  appoint  persons  to  such  office 
in  place  of  those  whose  terms  shall  expire,  and  every 
person  so  appointed  shall  hold  his  office  for  three 
years,  unless  sooner  removed.  Every  appointment 
to  fill  a  vacancy  shall  be  for  the  remainder  of  the 
term. 

SEC.  4.  Said  board  may  appoint  a  secretary,  who 
shall  by  virtue  of  his  office  be  a  member  of  the  board; 
he  shall  give  bond  to  the  state  in  such  sum  as  the 
board  may  require,  for  the  faithful  performance  of 
his  duties ;  he  shall  keep  a  record  of  all  the  doings 
of  said  board,  and  shall  perform  such  other  duties 
as  may  be  by  them  required.  Such  secretary  shall 
hold  his  office  during  the  pleasure  of  the  board. 

SEC.  5.  No  member  of  the  board,  except  the  sec- 
retary, shall  receive  any  compensation  for  his  ser- 
vices, but  every  member  shall  be  paid  out  of  the 
state  treasury  his  necessary  traveling  expenses. 

SEC.  6.  The  said  board  shall  establish  a  system  of 
government  for  the  institution,  and  shall  make  all 
necessary  rules  and  regulations  for  imparting  in- 
struction, and  for  the  proper  training  of  the  chil- 
dren. They  shall  appoint  such  officers,  teachers  and 
employees  as  shall  be  necessary,  and  prescribe  their 
duties,  and  fix  their  salaries. 

SEC.  7.  They  shall  receive,  in  accordance  with 
rules  by  them  established,  such  children  as  may  be 
declared  vagrant,  neglected  and  dependent  on  the 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  97 

public  for  support,  as  provided  in  this  chapter,  who 
are  over  four  and  under  fourteen  years  of  age,  and 
who  are  in  suitable  condition  of  mind  and  body  to  be 
instructed  ;  for  exceptional  reasons,  children  under 
four  years  may  be  received,  should  the  board  deem 
it  advisable.  Any  child  who  shall  be  found  by  the 
board  to  be  of  unsound  mind,  or  who  may  be  con- 
sidered by  the  board  an  improper  inmate  of  said  in- 
stitution, shall  be  forthwith  returned  by  them  to  the 
authorities  from  whom  said  child  was  received,  who 
are  hereby  required  to  receive  the  same ;  and  all 
children  admitted  shall  remain  until  they  are  eight- 
een years  of  age,  unless  otherwise  ordered  by  the 
board. 

SEC.  8.  It  is  declared  to  be  the  object  of  this  chap- 
ter to  provide  for  neglected  and  dependent  children, 
not  recognized  as  vicious  or  criminal,  such  influences 
as  will  lead  toward  an  honest,  intelligent  and  self- 
supporting  manhood  and  womanhood,  the  state,  so 
far  as  possible,  holding  to  them  the  parental  relation. 
But  if  at  any  time,  in  the  discretion  of  the  board, 
this  object  can  be  better  attained  by  placing  a  child 
in  a  good  family,  they  shall  have  the  power  to  do  so 
on  condition  that  its  education  shall  be  provided  for 
by  such  family  in  the  public  schools  of  the  town  or 
city  where  they  may  reside.  The  board  are  hereby 
made  the  legal  guardians  of  all  the  children  who  may 
become  inmates  of  the  home  and  school,  and  charged 
with  the  duty  of  following  such  children  as  may  be 
placed  in  families,  with  watchful  care,  and  of  taking 
them  back  to  their  own  immediate  supervision  if  at 
any  time  they  fail  to  receive  kind  and  proper  treat- 
ment and  a  fair  elementary  education  ;  and  in  case 


98  SCHOOL   MANUAL. 

any  child  shall  leave  without  permission,  or  be  taken 
by  any  person  unauthorized  from  said  institution  or 
from  any  family  where  it  shall  have  been  placed  by 
said  board,  then  said  board  is  hereby  authorized  to 
take  and  restore  said  child  to  said  institution  or  to 
the  family. 

SEC.  9.  It  shall  be  the  duty  of  the  superintendents 
or  overseers  of  the  poor  in  the  several  towns  to,  and 
any  agent  of  the  Rhode  Island  Society  for  the  Pre- 
vention of  Cruelty  to  Children  maj7,  bring  before  the 
courts  of  probate  of  such  towns  for  examination, 
children  supported  in  poorhouses  or  otherwise  de 
pendent  on  the  public  for  support,  or  other  children 
found  to  be  in  a  state  of  vagrancy,  want  or  suffer! ng, 
or  abandoned  by  their  parents  or  guardians,  or  not 
having  any  home  or  settled  abode  or  proper  guardian- 
ship ;  and  thereupon  it  shall  be  the  duty  of  the  court 
of  probate  before  whom  any  such  child  is  brought, 
to  investigate  the  facts  and  ascertain  if  the  child  is 
so  supported,  or  is  in  a  state  of  vagrancy,  want,  and 
suffering,  or  is  abandoned  by  its  parents  or  guardians, 
or  is  without  home  or  settled  abode  or  proper  guard- 
ianship, and  also  to  ascertain  its  name,  age  and  place 
of  birth,  and  the  names  and  residence  of  its  parents 
or  guardians,  if  it  have  any,  and  where  and  for  what 
length  of  time,  if  at  all,  it  has  been  supported  at  the 
expense  of  the  town  or  state  ;  and  said  courts  of  pro- 
bate shall  have  power  to  compel  attendance  of  wit- 
nesses. The  parents  or  any  friend  may  appear  in 
behalf  of  any  child,  and  the  court  of  probate  in  its 
discretion  may  request  some  suitable  person  to  ap- 
pear in  behalf  of  any  child  ;  and  if  on  such  exami- 
nation the  court  shall  find  that  such  child  is  so  sup- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  99 

ported  or  dependent,  or  is  in  a  state  of  vagrancy, 
want,  and  suffering,  or  is  so  abandoned,  or  without 
home  or  settled  abode  or  proper  guardianship,  it  shall 
make  a  proper  order  containing  a  statement  of  the 
facts  ascertained  as  to  said  child,  and  entrusting  said 
child  to  the  care  and  custody  of  the  said  board,  to- 
gether with  a  direction  to  the  superintendent  or  over- 
seer of  the  poor  to  take  said  child  to  the  state  home 
and  school,  and  shall  deliver  to  the  superintendent  or 
overseer  of  the  poor,  or  other  person  procuring  such 
examination,  a  certified  copy  thereof.  Such  certified 
copy  of  such  order  shall  then  be  delivered  with  the 
child  at  the  home  and  school,  to  the  presiding  officer 
thereof.  All  expenses  attending  the  foregoing  pro- 
ceedings shall  be  paid  by  the  town  or  city  in  which 
the  child  belongs  :  Provided,  that  children  between 
the  ages  of  four  and  fourteen  supported  in  the  state 
almshouse  may  be  brought  before  the  probate  court 
of  the  town  of  Cranston  by  the  agent  of  the  board 
of  state  charities  and  corrections,  and  said  court  is 
hereby  clothed  with  the  same  power  over  such  chil- 
dren, and  such  proceedings  may  be  had,  as  if  they 
were  regularly  domiciled  in  said  town;  and  all  ex- 
penses incident  to  the  hearings  in  said  cases  before 
said  probate  court  shall  be  paid  by  the  state,  and  the 
state  auditor  is  hereby  authorized  to  draw  his  orders 
for  the  payment  of  all  such  bills,  when  certified  by 
the  secretary  of  the  board  of  control  of  the  state 
home  and  school,  out  of  any  money  in  the  treasury 
not  otherwise  appropriated. 

SEC.  10.  The  board  shall  provide  a  book  in  which 
shall  be  registered  the  names,  ages  and  places  of  birth 
of  the  children  under  their  care  ;  the  residence  of 


100  SCHOOL   MANUAL. 

the  parents  or  guardians  as  nearly  as  can  be  ascer- 
tained ;  the  date  when  each  child  is  received  and 
from  what  town,  and  when  he  leaves  the  school  ;  and 
whenever  a  child  is  placed  in  a  family,  the  name, 
residence  and  occupation  of  such  family  ;  and  such 
book  shall  be  open  at  all  times  for  the  inspection  of 
the  probate  clerks  and  the  overseers  of  the  poor  of 
the  several  cities  and  towns  of  the  state. 

SEC.  11.  The  said  board  of  control  shall  annually 
report  to  the  state  board  of  education,  in  the  month 
of  November,  upon  the  condition  of  the  school,  the 
number  of  inmates  thereof,  the  expenditures  for  the 
year,  and  their  estimates  for  the  year  ensuing,  to- 
gether with  such  other  matters  as  may  seem  desira- 
ble ;  which  report  shall  be  included  by  said  state 
board  of  education  in  its  annual  report  to  the  gen- 
eral assembly. 


CHAPTER  111. 
Of  Dogs. 

SECTION  SKCTION 

10.    Dogs  to  be  licensed,  fees;  pen-  by  dogs.    Balance  to  be  ap- 

alty.  plied  for  support   of   public 

15,  16.    Mode  of  appraising  damage  schools. 

SEC.  10.  Every  owner  or  keeper  of  a  dog,  of  what 
age  soever,  shall  annually  in  the  month  of  April 
cause  such  dog  to  be  registered,  numbered,  described 
and  licensed  from  the  first  day  of  the  ensuing  June, 
in  the  office  of  the  town  clerk  of  the  town  wherein 
such  owner  or  keeper  resides  ;  and  shall  cause  it  to 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  101 

wear  a  collar  around  its  neck  distinctly  marked  with 
its  owner's  name  and  with  its  registered  number  ;  and 
si i all  pay  to  such  clerk,  for  such  license,  one  dollar 
and  fifteen  cents  for  a  male  dog  and  five  dollars  and 
fifteen  cents  for  a  female  dog  ;  and  all  licenses 
granted  under  the  provisions  of  this  chapter  shall  be 
valid  in  every  town  during  the  then  current  year  ; 
Provided,  hoivever,  that  any  owner  or  keeper  of  a  dog 
of  what  age  soever  may,  in  the  month  of  May  in  any 
year,  have  such  dog  licensed  as  aforesaid,  upon  pay- 
ing to  such  clerk  two  dollars  and  fifteen  cents  for  a 
male  dog  and  six  dollars  and  fifteen  cents  for  a  female 
dog  ;  and  provided  further,  that  any  person  who  shall 
become  the  owner  or  keeper  of  a  dog,  of  what  age 
soever,  after  the  last  day  in  May  in  each  year,  and 
prior  to  the  first  day  of  April  following,  shall  cause 
the  same  to  be  registered,  numbered,  collared  and 
licensed,  within  thirty  days  after  he  becomes  such 
owner  or  keeper,  upon  the  payment  of  one  dollar  and 
fifteen  cents  for  a  male  dog  and  five  dollars  and  fif- 
teen cents  for  a  female  dog.  Every  person  owning  or 
keeping  a  dog  not  registered,  licensed  and  collared 
-according  to  the  provisions  of  this  section  shall  be 
fined  ten  dollars,  one-halt'  thereof  to  the  use  of  the 
complainant  and  one-half  thereof  to  the  use  of  the 
town  wherein  such  dog  shall  have  been  kept,  to  be 
applied  by  the  said  town  to  the  support  of  public 
schools  therein. 

SEC.  15.  Each  town  or  city  council,  excepting  town 
and  city  councils  in  the  county  of  Newport,  shall  an- 
nually in  the  month  of  April  appoint  one  or  more 
suitable  persons  appraisers,  who  shall  be  sworn  to  the 
faithful  discharge  of  their  duties,  to  appraise  the 

9* 


102  SCHOOL  MANUAL. 

damage  that  may  be  done  to  any  owner  of  any  sheep 
or  lambs,  cattle  or  horses,  hogs  or  fowls,  suffering  loss 
by  reason  of  the  biting,  maiming  or  killing  thereof 
by  any  dog  or  dogs,  and  to  give  a  statement  thereof 
in  writing  to  the  owner  suffering  such  loss ;  and  such 
owner,  suffering  loss  as  aforesaid,  shall,  within  two 
days  after  such  loss  shall  come  to  his  knowledge, 
notify  the  appraiser,  so  appointed  and  sworn,  living 
nearest  to  him  in  the  town  wherein  such  owner  re- 
sides, of  such  loss  ;  and  said  appraiser  shall,  on  re- 
ceipt of  twenty-five  cents  for  each  mile's  travel  and 
the  sum  of  one  dollar  from  such  owner,  appraise  the 
damage  and  give  a  statement  thereof  in  writing,  with 
his  lawful  fees  taxed  thereon,  to  such  owner  ;  and 
said  owner  shall,  within  sixty  days  thereafter,  present 
the  same  to  the  town  council  of  such  town,  who  shall 
draw  an  order  on  the  town  treasurer  for  the  amount 
of  such  appraisal  and  fees,  or  for  such  other  amount 
as  they,  in  their  discretion,  after  careful  examina- 
tion, shall  deem  just  ;  and  said  order,  when  pre- 
.sented  to  the  town  treasurer,  shall  be  paid  in  the 
same  manner  as  any  other  order  made  by  the  town 
council  upon  the  town  treasurer;  and  should  any 
money,  received  under  the  provisions  of  this  chap- 
ter, remain  in  the  town  treasury  after  April  first,  the 
town  treasurer  shall,  on  the  first  Monday  in  May  fol- 
lowing, pay  over  the  whole  of  such  money  so  remain- 
ing to  the  school  fund  of  such  town  for  the  support 
of  the  public  schools  therein  :  Provided,  however, 
that  any  town,  at  its  annual  meeting  or  at  a  town 
meeting  specially  called  for  that,  purpose,  may  vote 
to  retain  such  money  as  a  separate  fund  for  the  pay- 
ment of  damages  done  as  aforesaid. 

SEC.  16.     Each  town  or  city  council  in  the  county  of 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  103 

Newport  shall  annually  in  the  month  of  April  appoint 
one  or  more  suitable  persons  appraisers,  who  shall  be 
sworn  to  the  faithful  discharge  of  their  duties,  to  ap- 
praise the  damage  that  may  be  done  to  any  owner  of 
.any  sheep  or  lambs,  cattle,  horses,  hogs  or  fowls,  suf- 
fering loss  by  reason  of  the  biting,  maiming  or  kill- 
ing thereof  by  any  dog,  and  to  give  a  statement 
thereof  in  writing  to  the  owner  suffering  loss ;  and 
such  owner,  suffering  loss  as  aforesaid,  shall,  within 
two  days  after  such  loss  shall  come  to  his  knowledge, 
notify  the  appraiser,  so  appointed  and  sworn,  living 
nearest  to  him  in  the  town  wherein  such  owner  re- 
sides, of  such  loss  ;  and  said  appraiser  shall,  on  re- 
ceipt of  twenty  cents  for  each  mile's  travel  and  the 
sum  of  one  dollar  from  such  owner,  appraise  the 
damage  and  give  a  statement  thereof  in  writing,  with 
his  lawful  fees  taxed  thereon,  to  such  owner ;  and 
said  owner  shall,  within  sixty  days  thereafter,  present 
to  the  town  or  city  council  of  the  town  or  city  where 
such  damage  is  done  the  appraisal  thereof,  and  there- 
upon the  town  or  city  council  of  such  town  or  city 
shall  draw  an  order  on  the  town  or  city  treasurer  for 
the  amount  of  such  appraisal  and  fees,  or  for  such 
other  amount  as  they,  in  their  discretion,  after  care- 
ful examination,  shall  deem  just.  And  such  town  or 
•city  treasurer  shall  annually,  on  the  last  Monday  in 
March,  pay  all  such  orders  in  full,  if  the  gross  amount 
thus  received  by  such  town  or  city  under  the  pro- 
visions of  this  chapter,  after  deducting  all  sums  pre- 
viously laid  out  under  such  provisions,  is  sufficient 
therefor ;  otherwise  the  town  or  city  treasurer  shall 
divide  such  amount,  after  deducting  as  aforesaid,  pro 
rata  among  said  orders,  and  the  payment  thereof 
shall  be  in  full  discharge  of  such  orders  ;  and  should 


104  SCHOOL  MANUAL. 

.any  money,  received  under  the  provisions  of  this 
chapter,  remain  in  the  town  treasury  after  payment 
provided  for  herein,  the  town  or  city  treasurer  shall, 
on  the  first  Monday  in  May  following,  pay  over  the 
whole  of  such  money  so  remaining  to  the  school  fund 
of  such  town  or  city  for  the  town  or  city  for  the  sup- 
port of  the  public  schools  therein  :  Provided,  how- 
ever, that  any  town  in  said  county  at  its  annual  meet- 
ing, or  at  a  town  meeting  specially  called  for  that 
purpose,  or  any  city  in  said  county  by  its  city  coun- 
cil, may  vote  to  retain  such  money  as  a  separate  fund 
for  the  payment  of  damages  done  as  aforesaid. 


CHAPTER  166. 

'Of  Bills  of  Exchange  and  Promissory  Notes,  and  of 
Legal  Interest. 

•SECTION  8.    What  days  shall  be  holidays. 

SEC.  8.  The  twenty-second  day  of  February  (as 
Washington's  birthday),  the  first  Wednesday  of  April 
{as  State  election  day),  the  thirtieth  day  of  May  (as 
Memorial  day),  the  fourth  day  of  July  (as  Independ- 
ence day),  the  first  Monday  of  September  (as  Labor 
day),  the  twenty-fifth  day  of  December  (as  Christmas 
day),  and  each  of  said  days  in  every  year,  such  day 
as  the  governor  of  this  state  shall  appoint  as  Arbor 
day  in  eveiy  year,  the  Tuesday  next  after  the  first 
Monday  of  November  in  the  year  eighteen  hundred 
ninety-six  and  in  every  second  year  thereafter  (as 
National  election  day),  or  when  either  of  the  said 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  105 

clays  falls  on  the  first  day  of  the  week,  then  the  day 
following  it,  the  first  day  of  every  week  (commonly 
called  Sunday),  and  such  other  days  as  the  governor 
or  general  assembly  of  this  state,  or  the  president  or 
the  congress  of  the  United  States,  shall  appoint  as 
holidays  for  any  purpose,  days  of  thanksgiving,  or 
days  of  solemn  fast,  shall  be  holidays. 


CHAPTER  170. 


Of  Incorporation. 


SECTION 


SECTION 


11.  Miscellaneous      corporations  13.    Such   corporation   may    hold 

are  formed  by  what  articles  j  property  to  what  amount, 

of  agreement,  how  executed,  14.    Articles  of  agreement  may  be 

and,  with  certificate  of  fee  amended,  how. 

paid,  where  filed.    Form  of  15.    Certified  copies  of  incorpora- 

ccrtiflcate  of  incorporation.  tions  are  admissible   in   evi- 

12.  Certificate    of    incorporation  ,  deuce. 

confers  what  powers. 

SEC.  11.  All  libraries,  lyceums,  fire  engine  compa- 
nies, and  corporations  formed  for  religious,  charita- 
ble, literary,  scientific,  artistic,  social,  musical,  agri- 
cultural or  sporting  purposes,  not  organized  for  busi- 
ness purposes,  and  all  other  corporations  of  like  na- 
ture not  hereinbefore  otherwise  provided  for,  shall  be 
created  in  the  following  manner,  viz.:  Five  or  more 
persons  of  lawful  age  shall  associate  by  written  arti- 
cles which  shall  express  : 

First.     Their  agreement  to  form  said  corporation  ; 

Second.  The  name  by  which  it  shall  be  known, 
which  name  shall  not  then  be  in  use  by  any  existing 
corporation  of  the  state  ; 


106  SCHOOL  MANUAL. 

Third.     The  purpose  for  which  it  is  constituted  ; 

Fourth.  The  town  or  city  in  which  it  is  to  be  lo- 
cated. 

Said  agreement  shall  be  signed  and  acknowledged 
by  all  the  members  named  therein,  and  shall  prescribe 
the  manner  in  which  the  first  meeting  shall  be  held 
.and  organized.  Said  agreement  shall  be  filed  in  the 
office  of  the  secretary  of  state,  and  said  persons  shall 
pay  a  fee  of  five  dollars  into  the  general  treasury  of 
the  state.  When  said  agreement  has  been  so  filed, 
together  with  the  certificate  of  the  general  treasurer 
that  the  fee  of  five  dollars  has  been  paid,  and  the  sum 
of  one  dollar  has  been  paid  to  said  secretary  of  state 
for  the  certificate  hereinafter  required,  the  secretary 
of  state  shall  thereupon  issue  to  said  corporation  his 
certificate,  under  the  seal  of  the  state,  substantially 
in  the  following  form  :  — 

STATE  OF  RHODE  ISLAND  AND  PROVIDENCE  PLANTATIONS. 

I,  secretary  of  state,  hereby  certify  that 

[here  insert  names  of  all  the  corporators]  have  filed 
in  the  office  of  secretary  of  state  their  agreement  to 
form  a  corporation  under  the  name  of  [here  insert 
name  of  corporation]  for  the  purpose  [here  insert 
purpose]  in  accordance  with  law,  and  have  also  filed 
the  certificate  of  the  general  treasurer  that  they  have 
paid  into  the  general  treasury  of  the  state  the  fee  re- 
quired by  law. 

Witness  my  hand  and  the  seal  of  the  State  of 
Rhode  Island  this  day  of  in  the  year 

SEC.  12.  When  said  certificate  has  been  issued  as 
aforesaid  said  corporators  shall  be  authorized  to  carry 
out  the  purpose  of  such  agreement  with  all  the  pow- 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  1.07 

ers  and  subject  to  all  the  duties  and  liabilities  as  pro- 
vided herein  and  in  chapter  one  hundred  seventy- 
seven  and  all  amendments  thereof  and  additions 
thereto,  so  far  as  not  inconsistent  with  the  provisions 
of  this  chapter,  and  so  far  as  the  provisions  of  said 
chapter  one  hundred  seventy-seven  shall  be  applica- 
ble to  such  corporation. 

SEC.  13.  Said  corporation  shall  be  entitled  to  take, 
hold,  transmit  and  convey  real  and  personal  estate 
to  an  amount  not  exceeding  in  all  one  hundred 
thousand  dollars.  But  if  such  corporation  desires  to 
take  and  hold  property  to  an  amount  exceeding  one 
hundred  thousand  dollars  either  originally  or  by 
amendment,  such  privilege  shall  be  granted  only  by 
the  general  assembly  on  petition  thereto. 

SEC.  14.  Such  agreement  may  be  amended  in  any 
particular  not  inconsistent  with  the  provisions  of  this 
chapter,  excepting  as  provided  in  the  preceding  sec- 
tion, by  vote  of  the  corporation  and  the  filing  in  the 
office  of  the  secretary  of  state  of  a  copy  of  such  vote 
duly  attested  by  the  president  and  secretary  of  said 
corporation. 

SEC.  15.  Copies  of  agreements  to  form  corpora- 
tions, when  formed  by  agreement,  or  of  any  amend- 
ment thereof,  and  the  fact  of  their  being  filed  in  the 
office  of  the  secretary  of  state  and  the  date  of  such 
filing,  and  the  filing  of  the  certificate  of  the  general 
treasurer,  shall,  when  certified  to  by  the  secretary  of 
state,  be  received  in  evidence  before  any  court,  tribu- 
nal or  authority. 


108  SCHOOL  MANUAL. 

CHAPTER  278. 
Of  Offences  Against  Public  Peace. 

SECTION  7.    Disturbing  town,  ward,  religious,  scientific,  etc.,  meetings, 
how  punished. 

SEC.  7.  Evciy  person  who  shall  wilfully  interrupt 
or  disturb  any  town  or  ward  meeting,  any  assembly 
or  people  met  for  religious  worship,  any  public  or 
private  school,  any  meeting  lawfully  and  peaceably 
held  for  purposes  of  moral,  literary  or  scientific  im- 
provement, or  any  other  lawful  meeting,  exhibition 
or  entertainment,  either  within  or  without  the  place 
where  such  meeting  or  school  is  held,  shall  be  impris- 
oned not  exceeding  one  year  or  be  fined  not  exceeding 
five  hundred  dollars. 


CHAPTER  279. 
Of  Offences  Against  Private  Property. 

SECTION  SECTION 

52.    Of     malicious     mischief      to  j     53.    Of  neglect  to  return  to  such 
•     books,    etc.,    of   free    public  j  libraries,   books,    pamphlets, 

libraries.  etc.,  after  due  notice. 

SEC.  52.  Every  person  who,  wilfully  and  ma- 
liciously or  wantonly  and  without  cause,  writes 
upon,  injures,  defaces,  tears  or  destroys  any  book, 
pamphlet,  plate,  picture,  engraving  or  statue  or  other 
property  belonging  to  any  law,  town,  city  or  other  free 
public  library,  or  suffers  any  such  injury  to  be  in- 
flicted while  said  property  is  in  his  custody,  shall  bo 
fined  not  less  than  one  dollar  nor  more  then  ten  dol- 
lars, the  same  to  be  for  the  use  of  the  library. 


LAWS  RELATING  TO  PUBLIC  INSTRUCTION.  109 

SEC.  53.  Every  person  who  shall  take  or  borrow 
from  any  law,  town,  city  or  other  free  or  public 
library  any  book,  pamphlet,  paper  or  other  properly 
of  said  library  and  who,  upon  neglect  to  return  the 
same  within  the  time  required  and  specified  in  the 
by-laws,  rules  or  regulations  of  the  library  owning 
the  property,  has  been  notified  by  the  librarian  or 
other  proper  custodian  of  the  property  that  the  same 
is  overdue,  shall,  upon  further  neglect  to  return  the 
same  within  two  weeks  from  the  date  of  such  notice, 
be  considered  to  have  unlawfully  converted  the  prop- 
erty of  the  library  to  his  own  use.  A  written  or 
printed  notice,  given  personally  or  sent  by  mail  to 
the  last  known  or  registered  place  of  residence,  shall 
be  considered  a  sufficient  notice. 


CHAPTER  283. 
Of  Offences  against  Public  Policy. 

SEC.  29.    Flags  or  emblems  of  foreign  countries  not  to  be  displayed  upon 
public  buildings  and  schoolhouses. 

SEC.  29.  It  shall  be  unlawful  to  display  the  flag 
or  emblem  of  any  foreign  country  upon  the  flagstaff 
of  any  State,  county,  city  or  town  building  or  public 
schoolhouse  within  this  State  :  Provided,  however, 
that  when  any  foreigner  shall  become  the  guest  of 
the  United  States,  or  of  this  State,  the  flag  of  the 
country  of  which  such  public  guest  shall  be  a  citizen 
or  subject  may  be  displayed  upon  public  buildings, 
except  public  schoolhouses.  Every  person  who  shall 
violate  the  provisions  of  this  section  shall  be  fined 
not  less  than  twenty-five  nor  more  than  one  hundred 
dollars. 


DECISIONS. 


In  the  following  pages  will  be  found,  so  far  as  it 
has  been  possible  to  collect  them,  a  digest  of  such 
decisions,  rendered  since  the  establishment  of  the 
present  school  system,  both  by  the  commissioners  of 
public  schools  and  by  the  Supreme  Court,  as  inter- 
pret the  school  law  and  unfold  the  principles  of  its 
application. 

A  great  many  of  them  were  made  by  the  late  Hon. 
Elisha  R.  Potter,  formerly  Commissioner  and  subse- 
quently Associate  Justice  of  the  Supreme  Court,  to 
whose  deep  interest  in  the  subject  of  public  educa- 
tion it  is  in  great  part  owing  that  the  present  law  was 
enacted,  and  whose  very  intimate  knowledge  of  the 
design  and  bearing  of  the  law  eminently  qualified 
him  to  give  authoritative  opinions  concerning  it. 

In  those  cases  which  wrere  published  in  full  in  the 
preceding  manuals,  it  has  been  deemed  best  in  this 
edition  usually  to  print  only  the  conclusions  and  the 
reasons  therefor,  so  far  as  they  were  given ;  but  in 
cases  decided  since  1882,  the  plan  of  giving  a  fuller 
statement  of  the  case  has  been  followed. 

These  decisions  will  be  found  arranged  topically 
according  to  the  principal  subjects  of  the  several 
chapters  of  the  General  Laws,  with  cross  references  in 


112  SCHOOL  MANUAL. 

cases  where  the  decisions  cover  two  or  more  distinct 
subjects. 

It  is  sincerely  hoped  that  this  exposition  of  the  law 
will  be  found  adapted  to  the  needs  of  the  various 
school  officers  of  the  State  and  that  it  will  tend  to  a 
vigorous  enforcement  of  its  varied  provisions,  and 
thus  to  a  more  healthy  and  efficient  system  of  public 
schools. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      113 


EXEMPTION  FROM  TAXATION. 


DECISION   No.  1. 

Saint  Manfs    Church    vs.   Benjamin    Tripp,    City 
Treasurer  of  the  City  of  Providence. 

A  building  for  religious  purposes  is  exempt  from  taxation  although  used 
for  educational  purposes,  so  long  as  the  use  is  merely  incidental  or 
occasional,  or  so  long  as  the  use,  if  habitual,  is  purely  permissive  and 
voluntary  and  does  not  interfere  with  the  use  for  religious  purposes, 
there  being  no  alienation  of  the  building  in  whole  or  part  for  educa- 
tional uses,  as  e.  g.  by  lease. 

The  question  here  arises  on  Pub.  Stat.  R.  I.  cap. 
41,  §  2,  which  exempts  certain  classes  of  property 
from  taxation,  and  among  them  "  buildings  for  free 
public  schools,  buildings  for  religious  worship,  and 
the  land  upon  which  they  stand  and  immediately 
surrounding  the  same  to  an  extent  not  exceeding  one 
acre,  so  far  as  said  buildings  and  land  are  occupied 
and.  used  exclusively  for  religious  or  educational 
purposes."  The  defendant  contends  that  the  words 
"  religious  or  educational,"  at  the  close  of  this  cita- 
tion, are  used  distributively,  the  word  "  educational " 
being  applicable  exclusively  to  buildings  for  free 
public  schools,  and  the  word  "religious"  being  ap- 
plicable exclusively  to  buildings  for  religious  wor- 
ship ;  so  that  if  any  free  public  schoolhouse  be  used 
for  religious  purposes,  or  any  building  for  religious 
worship  be  used  for  educational  purposes,  however 
10* 


114  SCHOOL   MANUAL. 

incidental  or  occasional  the  use  may  be,  the  exemp- 
tion is  forfeited.  We  do  not  think  the  statute  is  to  be 
so  strictly  construed.  The  statute  seems  to  recognize 
the  close  connection  which  exists  between  religion 
and  education  as  auxiliary  to  one  another.  It  is  well 
known  that  much  of  our  Sunday  school  teaching, 
though  it  may  be  auxiliary  to  religion,  is  not  purely 
religious.  Buildings  for  religious  worship  or  parts  of 
them  are  frequently  permitted  to  be  used  on  week 
days  for  literary  or  scientific  lectures,  or  for  indus- 
trial instruction.  It  cannot  be  supposed  that  the 
General  Assembly,  which  must  have  been  familiar 
with  these  uses,  some  of  them  prompted  b}T  religion, 
though  not  religious,  intended  to  proscribe  or  dis- 
courage them.  We  think  a  building  for  religious 
purposes  may  be  used  for  educational  purposes,  with- 
out any  forfeiture  of  its  exemption,  so  long  as  the  use 
is  merely  incidental  or  occasional,  or,  if  habitual,  so 
long  as  it  is  purety  permissive  and  voluntary,  and  is 
so  managed  as  not  to  interfere  with  the  uses  of  the 
building  for  religious  worship,  there  being  no  alien- 
ation of  the  building  or  any  part  of  it  to  the  educa- 
tional uses,  as  there  would  be  if  it  were  leased  for 
such  uses  and  thus  secularized,  if  the  wrord  may  be 
permitted.  In  the  case  at  bar,  if  we  rightly  under- 
stand the  agreed  statement,  the  use  was  such*  that  it 
did  not  interfere  with  the  needs  of  religions  worship, 
and  such,  too,  that  it  might  have  been  terminated  at 
any  time,  being  purely  permissive  and  voluntary. 
We  think  that  under  these  circumstances  there  was 
no  forfeiture  of  the  exemption. 

THOMAS  DURFEE,  C.  J.  S.  C. 
3883. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       115 

POWERS  AND  DUTIES  OF  TOWNS. 

DECISION   No.  2. 

District  of  Narragansett. 

44  District  of  Narragansett  is  ent  itled  to  same  consideration  in  distribution 
of  school  money  as  if  it  were  styled  a  town." 

I  am  of  the  opinion  that  the  District  of  Narragan- 
sett is  entitled  to  the  same  share  in  the  apportion- 
ment of  the  one  hundred  and  twenty  thousand 
dollars  appropriated  for  the  support  of  public  schools 
as  provided  by  Public  Laws  R.  I.  cap.  426,  as  though 
it  had  been  styled  a  town  instead  of  a  district  in  the 
act  by  which  it  was  incorporated. 

CHARLES  MATTESON,  A.  J.  C.  S. 

1889. 


DECISION  No.  3. 

On    Petition    of    Town    Council    of    Cranston  for 
Opinion  of  the  Court. 

1.  The  act  authorizing  any  town  to  taxes,  whose  duty  arises  when 

abolish  the  school  districts  the  town  has  taken  action  un- 
therein  does  not  violate  the  der  the  act,  and  does  not  de- 
provision  in  Art.  1,  §  2,  of  the  pend  upon  any  vote  of  the  town 
Constitution  of  Rhode  Island,  levying  the  tax. 
which  declares  that  "the  bur-  3.  The  words  "next  annual  assess- 
dens  of  the  state  ought  to  be  ment'1  in  the  act  mean,  and 
fairly  distributed  among  its  are  equivalent  to  saying,  "when 
citizens."  the  assessors  begin  to  make 

2.  The  assessment  of  the  tax,  de-  their  next  annual  assessment." 

duction  for  debts,  and  remis-    4.  The  remission  required  by  the  act 

sions  are  required  by  the  act  to  be  made  is  to  the  individual 

to  be  made  by  the  assessors  of  taxpayers. 


116  SCHOOL   MANUAL. 

Case  stated  for  an  opinion  of  the  court  under  the 
Judiciary  Act.  cap.  20,  §  24,  asking  for  a  construction 
of  Pub.  Laws  R.  I.  cap.  447. 

In  April,  1892,  the  town  of  Cranston  voted  to 
abolish  the  school  district  system  and  to  adopt  the 
town  system.  Thereupon,  pursuant  to  Public  Laws, 
cap.  447,  the  title  to  all  the  school  property  vested  in 
the  town,  subject  to  an  appraisal  to  be  made  by  a 
commission  to  be  appointed  by  this  court.  The  act 
provides  for  the  payment  of  such  property  as  follows: 
•"  At  the  next  annual  assessment  of  taxes  thereafter, 
.a  tax  shall  be  levied  upon  the  whole  town  equal  to  the 
.amount  of  said  appraisal  ;  and  there  shall  be  remitted 
to  the  taxpayers  of  each  district  their  proportional 
share  of  the  appraised  value  of  the  school  property  in 
such  district ;  provided  that  if  any  district  be  in  debt, 
and  said  debt  be  assumed  by  the  town,  the  amount  of 
such  debt  shall  be'  deducted  from  the  whole  amount 
to  be  remitted  to  the  taxpayers  of  said  district."  A 
commission  was  appointed  and  a  report  made,  which 
was  confirmed  September  12,  1893.  Upon  these  facts 
the  following  questions  are  presented  to  the  court 
for  an  opinion  : 

1.  "  Is  so  much  of  section  1  of  said  chapter  447  of 
the  Public  Laws  as  requires  that  '  at  the  next  annual 
.assessment  of  taxes  thereafter,  a  tax  shall  be  levied 
upon  the  whole  town  equal  to  the  amount  of  the  said 
appraisal ;  and  there  shall  be  remitted  to  the  tax- 
payers of  each  district  their  proportional  share  of  the 
appraised  value  of  the  school  property  in  such  dis- 
trict,' constitutional?" 

It  is  suggested  that  the  statute  violates  the  pro- 
vision in  Art.  1,  §  2,  of  the  Constitution  that  "  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       117 

burdens  of  the  state  ought  to  be  fairl}7  distributed 
among  its  citizens."  The  argument  is  that  taxation 
is  a  public  burden  ;  that  the  statute  provides  for  a 
tax  for  other  than  a  public  purpose  ;  and  that  it  is  op- 
pressive and  unequal  in  that  it  does  not  apply  to  the 
district  taxed  ;  or,  in  other  words,  that  the  citizens  of 
one  district,  having  a  small  school  propertj7,  are  taxed 
for  the  benefit  of  other  districts  having  more  school 
property.  We  do  not  think  the  statute  is  open  to  the 
objection  of  unconstitutionality. 

School  districts  have  been  recognized  by  this  court 
as  quasi  corporations.  Bull  v.  School  Committee,  11 
R.  I.  244.  As  such  corporations  they  are  respectively 
the  owners  of  their  schoolhouses.  Under  the  act  these 
were  to  become  the  property  of  the  town,  and  to  be 
paid  for  by  the  town  by  way  of  a  proportionate  re- 
mission of  tax.  It  is  true  that  the  taxpayers  in  a 
particular  district  may  not,  at  the  present  time,  be 
the  same  persons  who  paid  the  tax  from  which  a 
schoolhouse  was  built ;  and  yet  it  is  fair  to  presume 
that  purchasers  of  property  have  indirectly  paid  for 
the  same  in  an  enhanced  value  of  land  and  property 
by  reason  of  the  erection  of  a  schoolhouse  within  the 
district ;  and  they  are  the  present  corporators  of  the 
district. 

The  apportionment  may  not  be  absolutely  just,  but 
it  is  evidently  as  nearly  so  as  practicable.  The  re- 
mission provided  for  is  not  a  tax  raised  for  the  bene- 
fit of  individuals,  but  in  payment  of  property  which 
is  virtually  purchased  by  the  town.  Neither  is  it  a 
tax  for  the  benefit  of  one  part  of  the  town  at  the 
expense  of  another  part,  for  schoolhouses  are  for  the 
benefit  of  all  and  not  for  a  part.  Some  sections  may 
have  required  and  built  larger  and  more  expensive 


118  SCHOOL  MANUAL. 

buildings  than  others,  but  this  may  be  so  under  direct 
taxes  to  build  schoolliouses,  and  surely  no  one  can 
•question  the  right  of  a  town  to  do  the  same  thing. 
The  increased  expense  in  such  cases  is  usually  offset 
by  the  increased  number  and  amount  of  contributing 
taxes.  The  compensation  for  the  more  costly  build- 
Ings  under  this  act  is  therefore  as  nearly  equitable  as 
it  can  be  made.  The  tax  and  remission  is  virtually  a 
tax  paid  into  the  town  for  the  schoolliouses  purchased 
and  paid  back  again  to  the  members  of  the  respective 
school  districts  in  proportion  to  their  interest  in  the 
.same. 

But  here  conies  the  objection  that,  because  none  of 
the  money  goes  into  the  town  treasury,  it  is  a  tax  for 
the  benefit  of  individuals  and  not  a  tax  for  a  public 
purpose.  This  objection  was  disposed  of  In  the  mat- 
ter of  Dorrance  Street,  4-  R  I.  230,  243,  where  the 
-court  says  :  "  Certainly  it  approaches  very  near  an 
absurdity,  if  he  (an  owner  of  land)  is  constitutionally 
liable,  on  the  one  hand,  to  pay  a  sum  of  money  to  the 
public  for  the  benefits  he  has  received  from  the  im- 
provement, and  the  public  is  constitutionally  liable, 
•on  the  other  hand,  to  pay  him  in  money  for  the  dam- 
.ages  which  he  has  sustained  by  the  improvement,  to 
say  that  he  is  constitutionally  wronged  because  in 
such  a  case  the  public, — instead  of  clumsily  collecting 
the  money  due  from  him,  and  putting  it  into  the 
treasury  with  one  of  its  numerous  hands,  and  then 
taking  it  out  again  and  paying  him  for  his  damages 
'with  another  of  its  numerous  hands, — pays  him  the 
balance  due  him,  if  his  damages  exceed  his  benefits, 
•or  exacts  from  him  the  balance  due  to  them,  if  his 
benefits  exceed  his  damages.  It  is  a  mere  mistaking 
-of  words  for  things  to  say,  in  such  case,  that  he  is 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        1191 

compensated  contrary  to  one  clause  of  the  Constitu- 
tion, by  benefits  instead  of  money, — if  under  the  gen- 
eral power  of  the  government,  and  in  accordance 
with  the  spirit  of  another  clause  of  the  same  Consti- 
tution, he  is  liable  to  pay  money  for  those  benefits."" 
There  is  no  difference  in  principle  between  that 
case  and  the  case  at  bar.  Here  all  the  taxpayers, 
would  be  liable  to  pay  for  schoolhouses  built  or  pur- 
chased by  the  town,  and  as  members  of  the  school 
districts  the  act  recognizes  that  some  payment  should 
be  made  by  the  town  for  the  property  taken  from  the 
districts.  This  much  certainly  is  equitable  and  with- 
in the  general  principles  of  taxation.  It  is  not  com- 
pensation in  the  strict  sense  of  the  term,  as  when 
private  property  is  taken,  although  it  resembles  that. 
It  is  rather  an  attempted  equalization  as  between  the 
taxpayers  of  the  town,  as  members  of  one  corporation, 
and  the  taxpayers  of  the  districts  as  members  of  other 
corporations  ;  and  we  fail  to  see  that  the  adjustment 
of  debit  and  credit  is  not  fair  and  reasonable.  A 
similar  statute  has  been  sustained  in  Massachusetts,. 
Whitney  v.  Stow,  111  Mass.  368  ;  Rawson  v.  Spencer, 
113  Mass.  40.  The  case  of  Freeland  v.  Hastings,  10 
Allen  570,  is  similar  in  principle. 

2.  "  Does  chapter  447  give  the  collector  of  taxes- 
power  under  the  appraisal  made,  to  compute,  collect 
and  remit  without  any  act  on  the  part  of  the  asses- 
sors ?" 

We  think  the  act  clearly  implies  that  the  assess- 
ment, deduction  for  debts  and  remissions  are  to  be 
made  by  the  assessors  at  the  same  time  as  the  an- 
nual assessment. 

3.  "Is  it  the  duty  of  the  assessors  to  assess  the 
amount  of  the  appraised  value  of  the  district  school 


120  SCHOOL   MANUAL. 

property  until  the  voters  of  the  town  in  town  meeting 
have  levied,  ordered  or  voted  such  amount  as  a  tax?" 
We  think  it  is.  The  act  of  the  general  assembly  is 
superior  to  the  vote  of  a  town,  and  commands  the 
assessment  when  the  town  has  taken  action  under  it. 
Of  course  the  more  orderly  way  would  be  for  the 
town  to  vote  the  tax  ;  but  an  omission  to  do  so  would 
not  defeat  the  operation  of  the  law  which  imposes  it. 

4.  "If  a  vote  of  the  electors  of  the  town  in  town 
meeting  is  necessary  before  the  amount  of  such  ap- 
praised value  can  be  assessed  by  the  assessors,  can 
such  tax  be  levied,  ordered  or  voted  at  a  special  town 
meeting  called  for  the  purpose  at  any  time,  or  must 
it  be  levied,  ordered  or  voted  at  the  annual  town 
meeting  to  be  holden  next  after  the  commissioners* 
report  has  been  confirmed  by  the  court  ?" 

5.  "  Can  the  amount  of  such  appraised  value  be 
assessed  by  the  assessors  prior  to  the  levy  and  assess- 
ment of  the  next  annual  tax,  whether  levied,  ordered 
or  voted  by  the  electors  of  the  town  or  not,  without 
such  proceedings  being  had  as  are  prescribed  by  sec- 
tions 6,  7  and  8  of  chapter  43  of  the  Public  Statutes?" 

These  two  questions  may  be  answered  together. 
Strictly,  the  assessment  is  not  fully  made  until  the 
list  is  completed  and  delivered  by  the  assessors.  But 
Pub.  Stat.  cap.  43,  §  6,  provides  that  the  assessment 
is  not  to  begin  until  after  the  time  given  to  the  tax- 
payers for  bringing  in  their  accounts.  We  think  the 
statute  contemplates  that  the  assessment  of  this  spe- 
cial tax  is  to  be  made  along  with  the  general  tax,  and 
hence  that  the  intention  was  to  fix  the  time  of  mak- 
ing it  at  the  beginning  of  the  assessment.  It  would 
be  unreasonable  to  suppose,  if,  as  in  this  case,  a  re- 
port should  be  made  after  the  assessment  list  had 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       121 

been  practically  completed  but  before  it  had  been 
delivered,  that  the  assessors  must  do  the  work  all 
over  again,  and  thus  delay  the  collection  of  the  tax. 
We  think  the  "  next  annual  assessment "  means,  and 
is  equivalent  to  saying,  "  when  the  assessors  begin  to 
make  their  next  annual  assessment."  There  might, 
therefore,  be  an  interval  after  the  annual  town  meet- 
ing, within  which  a  special  meeting  could  be  held, 
but  it  should  be  at  a  time  to  allow  for  the  bringing  in 
of  lists  by  taxpayers  as  provided  in  said  section  6. 

0.  "Are  these  amounts  remitted  to  be  deducted 
from  the  taxes  of  the  individual  taxpayers,  or  are 
they  payable  to  the  treasurer  of  each  school  district 
as  a  fund  from  which  to  pay  and  cancel  debts  and 
obligations  of  the  respective  districts  ?" 

The  act  clearly  provides  for  a  remission  to  tax- 
payers, which  means,  we  think,  the  individual  tax- 
payers. There  is  no  provision  for  the  proportionate 
amount  of  any  district  to  go  to  its  treasurer  for  any 
purpose.  The  liability  of  a  district  for  debts  con- 
tinues, notwithstanding  such  remission,  although  the 
act  presupposes  an  assumption  of  district  debts  by 
the  town  and  the  retention  of  an  amount  sufficient  to 
cancel  them,  thus  saving  the  trouble  of  proceedings 
against  the  district  or  of  an  assessment  and  collection 
of  a  special  district  tax  to  pay  its  debts. 

JOHN  H.  STINESS,  A.  J.  S.  C. 

1893. 


11 


122  SCHOOL  MANUAL. 


POWERS  OF  DISTRICTS  AND  DISTRICT 
OFFICERS. 


DECISION   No.  4. 

The  district  has  power,  with  approval  of  committee, 
to  open  a  second  school,  provided  that  there  be  money 
enough  in  the  treasury  to  the  credit  of  the  district  to 
pay  for  both  schools. 

ELISHA  R.  POTTER,  C.  P.  S. 

1851. 


DECISION   No.  5. 

School  District  No.  10,  North  Kingstown. 

Schoolhouse  may  not  be  used  for  any  purposes  other  than  those  directly 
connected  with  public  education. 

This  case  involves  the  right  of  the  district  or  trus- 
tees to  use  the  schoolhouse  for  other  purposes  than 
an  ordinary  school,  and  depends  partly  upon  the  pro- 
visions of  the  general  school  laws,  and  partly  upon 
the  conditions  of  the  deed  of  the  lot  upon  which  this 
particular  schoolhouse  stands. 

The  following  remark  upon  this  subject  is  made  in 
the  notes  to  the  school  act :  "  A  schoolhouse,  built  or 
bought  by  taxation  on  the  property  of  the  district, 
should  not  be  used  for  any  other  purpose  than  keep- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      123 

ing  a  school,  or  for  purposes  directly  connected  with 
education,  except  by  the  general  consent  of  the  tax- 
paying  voters." 

The  rule  laid  down  here  is  believed  to  be  substan- 
tially correct  and  sound.  The  district  holds  the  prop- 
erty in  trust  for  educational  purposes.  The  money 
has  been  taken  from  the  taxpayers  by  force  of  law 
for  certain  purposes,  and  for  those  only,  and  cannot 
be  applied  by  either  district  or  trustee  to  any  other 
use. 

I  am  of  opinion  that  under  the  school  law  the  house 
may  be  used  for  educational  purposes  collateral  to 
the  main  purpose,  such  as  meetings  of  the  district  for 
school  business,  lectures  upon  literary  or  scientific 
subjects,  debating  societies  for  the  people  or  children 
of  the  district,  etc.  It  may  not  be  easy  in  all  cases 
to  draw  the  line  between  legal  and  illegal  cases,  but 
it  would  be  perfect!}7  clear  that  the  district  could  not 
use  the  house  for  trade  or  religious  meetings  if  any 
person  objected  to  it. 

The  question  then  arises,  whether  the  deed  in  the 
present  case  varies  the  rights  of  parties  from  what 
they  would  be  if  the  deed  contained  no  conditions. 

By  the  deed  from  Joseph  Case  and  others,  dated 
October  11,  1848,  the  schoolhouse  lot  is  conveyed  to 
the  district  "  for  the  purpose  of  maintaining  thereon 
a  district  schoolhouse  and  appurtenances,  for  the 
benefit  of  the  district  school  of  said  district,  and  for 
no  other  use  or  purpose  whatever,  except  religious 
meetings,"  and  it  is  provided  "  that  when  said  lot  of 
land  shall  cease  to  be  occupied  for  the  purposes  of  a 
district  school  aforesaid,  the  same  shall  revert  to  the 
grantors,  their  heirs  and  assigns  forever." 

The  exception  in  regard  to  religious  meetings  may 


124  SCHOOL  MANUAL. 

be  left  out  of  consideration  in  the  present  case.  It 
cannot  affect  it  in  any  way.  If  the  district  have  no 
right  to  religious  meetings  there,  independent  of  the 
deed,  the  deed  cannot  give  it  to  them.  And  if  the 
district  would  have  such  a  right  otherwise,  it  may 
admit  of  question  whether  a  provision  in  a  deed  would 
deprive  them  of  it. 

Leaving  out  of  consideration  the  words,  "  except 
religious  meetings,"  the  remainder  of  the  first  passage 
quoted  from  the  deed  appears  to  me,  on  the  maturest 
reflection,  to  express  no  more  and  no  less  than  the 
school  law,  according  to  the  construction  herein  given 
to  it,  would  have  expressed  without  the  deed  ;  the 
provision  in  the  deed  is  exactly  in  the  spirit  of  the 
law,  and  neither  adds  to  nor  lessens  the  rights  and 
powers  of  the  district  or  trustees. 

If  the  first  passage  quoted  from  the  deed  does  not 
vary  the  rights  of  the  district  from  what  they  would 
be,  if  there  was  no  such  provision  in  the  deed,  the 
latter  proviso  appears  for  the  same  reason  to  contain 
no  limitation,  as  to  the  use  of  the  house,  which  would 
prevent  its  being  used  for  the  purposes  for  which  I 
have  said  the  law,  apart  from  the  deed,  would  au- 
thorize. 

ELISHA  R.  POTTER,  C.  P.  S. 

I  have  carefully  considered  the  above  opinion 
and  approve  of  the  same.  I  have  also  consulted  with 
Judges  Haile  and  Brayton,  who  concur  with  me  in 
opinion. 

RICHARD  W.  GREENE,  C.  J.  S.  C. 

1853. 

See  No.  12. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       125 

DECISION  No.  6. 
School  District  No.  12,  Burrillville. 

A  vote  of  a  school  district  to  tax  cannot  be  rescinded  after  a  lawful  con- 
tract has  been  made  under  it. 

The  fact  of  the  tax  being  assessed,  or  of  its  having 
been  approved  by  the  committee,  would  not  take  from 
the  district  the  right  to  rescind  it.  The  whole  turns 
upon  the  question  whether  a  contract  was  legall}7  en- 
tered into  under  the  vote  of  the  district,  and  I  am  of 
opinion  that  it  was.  The  district,  therefore,  could  not 
rescind  it  after  the  contract  was  made,  without  being- 
liable  to  a  suit  for  damages  or  to  a  process  like  that 
now  applied  for. 

As  a  general  rule,  it  is  not  advisable  for  district 
officers  to  proceed  in  expending  money  or  making  a 
contract  unless  they  are  satisfied  that  a  majority  of 
the  taxpayers,  absent  as  well  as  present,  are  fairly  in 
favor  of  it.  A  mere  accidental  majority  occasioned 
by  absence  of  opponents  is  unsafe.  And  if  a  case 
should  arise  where  district  officers  should  undertake 
to  avail  themselves  of  such  an  accidental  majority, 
and  there  should  be  any  appearance  of  a  design  to 
anticipate  or  prevent  a  repeal  of  the  tax  by  entering 
into  a  contract  before  there  could  be  time  for  having 
another  meeting,  the  commissioner  of  public  schools 
would  not  lend  the  aid  of  his  office  to  the  enforcement 
of  it,  but  would  leave  the  parties  to  their  action  at 
law. 

ELISHA  R.  POTTER,  C.  P.  S. 

1853. 

I  approve  of  the  above  decision. 

RICHARD  W.  GREENE,  C.  J.  S.  C. 

See  No.  7. 

11* 


126 


SCHOOL   MANUAL. 


DECISION   No.  7. 


School  District  No.  7,  BurrittviUe. 


1.  A  district  may  rescind  a  vote  or- 

dering a  tax,  and  postpone  the 
payment  of  it. 

2.  A  district  may  borrow  money  and 

give  a  note. 


Costs  of  suits  in  court  against  a 
district  must  be  paid  by  the 
district. 


The  question  is  presented  whether  a  district  having 
Toted  a  tax  according  to  a  particular  town  valuation, 
can  rescind  the  vote,  postpone  the  payment,  and  hire 
the  money  upon  a  note  of  the  district. 

I  cannot  see  any  objection  to  the  right  of  a  district 
to  rescind  a  vote  ordering  a  tax  and  postpone  the 
payment  of  it.  The  object  and  effect  may  sometimes 
be  to  include  property  and  persons  afterwards  coin- 
ing into  the  district.  Whoever  comes  into  a  school 
district  becomes  a  sharer  in  all  the  advantages  of  the 
school  and  district  property.  If,  by  their  coming,  an 
addition  to  the  schoolhouse  is  made  necessary,  such 
new  comers  or  new  property  do  not  pay  the  whole  ex- 
pense of  such  addition  :  the  former  inhabitants  and 
property  have  also  to  pay  a  portion,  and,  sharing  in 
all  the  advantages  of  former  taxation,  it  does  not 
seem  unreasonable  that  the  new  property  should  also 
share  in  the  burdens.  In  the  present  case  the  school- 
house  was  probably  built  larger  than  would  have  been 
necessary  if  it  had  not  been  expected  that  there 
would  be  an  addition  to  the  population  of  the  district. 

Any  creditor  of  the  district  who  may  be  injured  by 
such  postponement  has  a  remedy  provided  by  law. 

As  to  giving  notes,  a  district  has  the  undoubted 
right  to  make  contracts  for  certain  purposes,  upon 
which  contracts  they  may  be  sued  and  the  debt  and 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       127 

interest  recovered  of  them.  A  note  given  to  such  a 
contractor  would  be  only  additional  evidence  of  his 
claim.  And  there  seems  to  be  no  legal  objection  to 
the  district  hiring  money  of  a  third  person  to  pay  a 
just  debt  contracted  for  purposes  authorized  by  law. 
This  has  been  the  construction  always  put  upon  the 
law  in  practice,  and  it  appears  to  me  sound. 

An  objection  is  also  made  to  costs  and  attorney's 
fees.  The  costs  of  court  in  a  suit  decided  against  the 
district  must  of  course  be  paid  by  the  district.  And 
the  reasonable  charges  of  an  attorney  for  defending 
the  suit  are  proper  to  be  allowed.  But  services  ren- 
dered by  an  attorney  to  any  person  in  contests  with 
other  persons  in  the  district  about  district  business 
must  be  paid  for  by  the  person  for  whom  they  are 
performed. 

Objection  is  also  made  to  allowance  of  compound 
interest.  This  could  not  be  recovered  of  the  district 
at  law,  but  I  see  no  objection  to  the  district's  agree- 
ing to  pay  it,  and  paying  it  if  they  see  fit,  as  it  would 
be  in  the  power  of  the  school  committee  to  prevent 
any  excess  or  abuse  of  the  right. 

I  therefore  confirm  the  vote  of  the  committee  ap- 
proving of  said  tax. 

ELISHA  R.  POTTER,  C.  P.  S. 
1853. 

See  No.  6. 
See  No.  10. 
See  No.  41. 


128  SCHOOL  MANUAL. 

DECISION  No.  8. 
School  District  No.  3,  North  Providence. 

1.  A  person  who  has  the  legal  qual-    4.    The  power  to  divide  a  district 

iflcations  may  vote  in  district  lies  with  the  school  commit- 

meetings  even  though  his  name  j  tee. 

is  not  on  the  town  voting  list.      5.  A  district  should  not  make  a  con- 

2.  A  district  has  no  right  to  build  tract   to  build   till   a  lot  has 

on  a  lot  till  it  has  a  legal  title  been  secured  and  the  plan  ap- 

to  that  lot.  proved. 

3.  Registry  voters  may  vote  to  ask 

division  of  a  district. 

It  appears  from  the  statement  and  admissions  of 
the  parties,  that  a  meeting  duly  notified  was  held 
August  17th,  to  reconsider  all  action  relating  to 
building  the  house,  etc.  At  this  meeting  a  motion 
was  made  to  rescind  the  former  proceedings,  and  as 
declared  by  the  moderator,  the  vote  stood  22  to  22, 
and  the  motion  was  declared  rejected.  It  is  admitted 
that  five  who  voted  for  rescinding,  and  four  who  voted 
against  it,  had  no  right  to  vote.  It  is  contended  that 
Asa  M.  Allen,  who  voted  for  rescinding,  had  no  right 
to  vote.  He  was  a  resident  and  owned  real  estate, 
and  according  to  previous  decisions  he  had  a  right  to 
vote  without  his  name  being  on  the  town  registry.  A 
certificate  is  produced  from  the  assessors  to  show  that 
Charles  Leonard  and  Crawford  Martin,  two  who  voted 
against  rescinding  are  not  taxed  for  real  or  personal 
property.  Of  course,  not  being  liable  to  pay  a  portion 
of  the  tax,  their  votes  should  have  been  rejected. 
The  vote,  therefore,  stands  seventeen  for  rescinding 
and  sixteen  against  rescinding,  and  the  votes  for 
building,  etc.,  were  legally  rescinded. 

This  of  course  disposes  of  all  questions  relating  to 
building,  but  the  following  points  were  made  and 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       129 

argued,  and  therefore,  to  prevent  further  agitation,  I 
give  my  opinion  upon  them. 

I  am  of  opinion  that  a  district  has  no  right  to 
build  upon  a  lot  until  they  have  acquired  a  legal 
title  to  it,  either  by  lease,  deed,  or  by  taking  it  by 
process  of  law.  And  in  the  latter  case,  either  the 
time  for  appeal  to  the  Court  of  Common  Pleas  should 
have  elapsed  or  the  appeal  have  been  decided.  The 
latter  caution  is  necessary  because  the  jury  on  appeal 
have  a  right  to  alter  the  location  or  wholly  reverse  all 
the  proceedings. 

It  has  been  previously  decided  that  a  district  has 
no  right  to  take  a  deed  of  a  house  for  religious  pur- 
poses. 

If  the  question  of  the  propriety  of  dividing  the 
district  be  proposed  in  district  meeting,  registry 
voters  have  a  right  to  vote,  because  it  merely  amounts 
to  an  expression  of  opinion,  and  the  whole  power  to 
divide  rests  with  the  school  committee  to  whom  the 
vote  of  the  district  is  a  mere  recommendation  to  be 
weighed  according  to  its  deserts.  And  registry  voters 
can  by  law  vote  upon  all  questions  except  taxing  or 
expending  money. 

It  was  also  contended  that  the  location  must  be 
made,  a  lot  legally  procured,  and  the  plans  approved 
before  a  contract  can  be  legally  made  to  build.  In 
the  present  case  the  contract  was  made  first.  The 
question  is  a  most  important  one,  because,  if  a 
district  proceeds  before  these  things  are  done,  it 
would  often  lead  to  a  wasteful  expenditure  of  the 
district's  money,  if  the  lot  was  not  procured  or  the 
proceedings  approved  of,  and  also  because  innocent 
parties  who  contract  to  build  may  suffer  in  conse- 
quence. In  regard  to  claims  of  contractors  against 


130  SCHOOL  MANUAL. 

building  committees  or  districts,  those  cases  must  of 
course  be  decided  by  the  courts  of  law;  but  I  think 
it  is  the  duty  of  the  school  committees  and  school 
commissioner  to  guard  against  a  wasteful  expenditure 
of  money  by  a  district  majority  in  all  cases  where 
they  can  do  it,  and  it  may  f  reqiiently  be  in  the  power 
of  the  commissioner  to  do  it  on  appeal.  And  it  seems 
to  me  plain  (without  undertaking  to  decide  how  in- 
nocent third  parties  may  be  affected  by  their  acts,) 
that  neither  the  district  nor  its  officers  have  any  right 
to  make  a  contract  until  the  lot  is  fixed  and  procured 
and  the  plans  approved  of. 

The  appeal  was  also  made  from  all  doings  of  the 
committee  in  relation  to  dividing  the  district ;  but  I 
do  not  see  anything  upon  which  the  commissioner  can 
act.  The  committee  merely  decided  that  the  district 
had  not  asked  to  be  divided.  They  did  not  reject  the 
application.  Any  individual  has  a  right  to  petition 
the  committee  for  a  division,  and  it  would  be  a  matter 
of  discretion  in  the  committee  to  adopt  or  reject  it. 
ELISHA  R.  POTTER,  C.  P.  S. 

1854. 

See  No.  18. 
See  No.  20. 
See  No.  23. 
See  No.  25. 
See  No.  26. 
See  No.  27. 
See  No.  39. 


DECISION  No.  9. 

A  qualified  voter,  if  he  be  not  a  property  holder,  is 
eligible  to  office. 

ELISHA  R.  POTTER,  C.  P.  S. 
1854. 

See  No.  57. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      131 

DECISION  No.  10. 
Joseph  O.  Clarke  vs.  School  District  No.  7. 

A  school  district  may  borrow  money  upon  the  note  of  the  district. 

The  facts  material  of  this  case  are  these  : 

That  this  school  district  contracted  debts  to  a  con- 
siderable amount,  in  building  a  schoolhouse,  and  for 
other  school  purposes,  and  for  expenses  incurred  in 
certain  actions  and  suits  in  which  the  district  was 
concerned,  which  debts,  it  was  conceded,  the  district 
was  in  law  bound  to  pay  ;  that  instead  of  levying  a 
tax  on  the  ratable  property  of  the  district  to  raise  the 
money  for  the  payment  thereof,  the  district  hired  of 
the  several  individuals  named  as  payees  of  the  prom- 
issory notes,  declared  upon  in  this  action,  for  the  pur- 
pose of  paying  said  debts  with  the  money  borrowed  ; 
that  the  said  promissory  notes  were  given  by  the  dis- 
trict for  the  money  so  borrowed,  and  that  the  money 
borrowed  was  applied  to  the  payment  of  said  debts. 

The  question  was  raised,  whether  these  promissory 
notes  are  valid  and  binding  upon  the  district,  or  are 
void  ;  whether  a  school  district  has  power  to  raise 
money  by  borrowing,  for  the  payment  of  its  debts 
lawfully  contracted,  and  to  give  its  promissory  notes 
therefor. 

A  corporation  may  bind  itself  by  a  negotiable 
promissory  note  or  bill  of  exchange  for  any  debt  con- 
tracted in  the  course  of  its  legitimate  business  ;  that 
is,  in  any  matter  which  is  not  foreign  to  the  purposes 
of  its  creation. 

A  school  district  (a  corporation  under  the  school 
act)  by  giving  its  promissory  notes  for  mone3rs  hired 


132  SCHOOL   MANUAL. 

to  discharge  debts,  incurred  in  the  building  of  a 
schoolhouse  and  otherwise,  in  so  doing  was  not  con- 
tracting debts  in  a  manner  foreign  to  the  purposes  of 
its  creation  ;  and  the  provision  of  the  school  act  giv- 
ing this  class  of  corporations  power  to  raise  money 
by  taxation,  cannot  be  construed  to  forbid  a  borrow- 
ing of  money  for  a  legitimate  purpose. 

GEORGE  A.  BRAYTON,  A.  J.  S.  0. 

1855. 

See  No.  7. 


DECISION  No.  1 1. 

Building  committee  ordinarily  has  power  to  give  orders  on  treasurer  for 
payment  of  bills  contracted  by  them. 

If  a  district  vote  to  build  or  repair  a  schoolhouse, 
and  appoint  a  building  committee  for  that  purpose, 
and  the  building  committee  be  empowered  by  general 
terms  as  "to  build"  or  "repair"  as  distinguished 
from  merely  contracting  for  the  same,  that  is,  be 
armed  with  general  powers  to  carry  through  the  pro- 
ject of  the  district,  such  powers  would  include  as 
incidental  the  power  to  give  orders  on  the  district 
treasurer  for  the  payment  of  those  employed  by  them. 

If,  however,  the  power  of  the  committee  be  so  re- 
stricted by  the  form  of  the  vote  as  to  exclude,  or  not 
naturally  to  include,  this  power,  then  it  belongs  to  the 
trustees  of  the  district,  in  whom  is  the  general  cus- 
tody, in  the  sense  of  care,  of  the  property  of  the  dis- 
trict, and  who  are  expressly  armed  with  all  powers 
necessary  to  carry  out  the  powers  and  duties  of  the 
district. 

SAMUEL  AMES,  C.  J.  S.  C. 

1858. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       133 

DECISION  No.  12. 
School  District  No.  1,  Barrinyton. 

A  schoolhouse  may  be  occupied  for  a  singing  school,  when  such  occupation 
does  not  interfere  with  the  ordinary  school,  without  the  consent,  or  even 
against  the  vote,  of  the  district. 

The  question  at  issue  is  manifestly  without  the  juris- 
diction of  the  district,  and  has  already  been  decided 
upon  by  the  proper  tribunal,  viz. :  by  the  commissioner 
of  public  schools,  approved  by  the  Chief  Justice  of 
the  Supreme  Court. 

With  regard  to  the  instance  cited  in  said  appeal, 
the  use  of  the  house  for  a  singing  school,  as  a  viola- 
tion of  such  decision,  I  am  of  opinion  that  the  use 
of  said  house  for  such  instruction  is  perfectly  legiti- 
mate "to  purposes  connected  with  public  instruction." 

Instruction  in  vocal  music  is  a  part  of  our  system 
of  public  education,  and  is  so  recognized  and  paid  for 
by  the  city  of  Providence  out  of  the  "teachers' 
money,"  and  is  recognized  and  employed  as  an  impor- 
tant element  of  education  in  nearly  all  the  rural  dis- 
tricts of  our  commonwealth.  Many  of  our  school 
committees  insist  upon  its  introduction  into  the  public 
schools,  and  nearly  all  the  school  reports  which  reach 
the  office  are  emphatic  in  its  recommendation.  And 
certainly  if  the  younger  children  may  be  instructed 
in  vocal  music  in  the  public  schoolhouse,  and  this  too 
during  school  hours,  there  can  be  no  legal  objection 
why  their  older  brothers  and  sisters  and  friends  may 
not  receive  such  instruction  at  the  same  place  out  of 
school  hours. 

Nor  is  the  fact  that  the  teacher  receives  pecuniary 

12 


134  SCHOOL  MANUAL. 

compensation  from  his  pupils  pertinent  to  the  ques- 
tion; for  to  allow  it  to  be  so  would  be  to  question  the 
legal  use  of  schoolhouses  for  public  schools,  many  of 
the  sessions  of  which  are  prolonged  by  private  sub- 
scriptions, and  are  of  course  kept,  in  the  same  sense 
in  which  the  one  is  kept  to  which  reference  is  made, 
by  "private"  individuals. 

The  manner  in  which  any  teacher  is  paid,  or  whether 
his  services  are  gratuitous,  does  not  affect  the  ques- 
tion in  point.  Moreover,  such  a  legitimate  use  of  the 
schoolhouse  would  not  require  "  the  general  consent 
of  the  tax-paying  voters,"  said  "private  individual" 
having  permission  for  occupancy  from  the  trustees  of 
said  district,  in  whom  the  law  places  the  custody  of 
the  schoolhouse. 

JOSHUA  B.  CHAPIN,  C.  P.  S. 

1860. 

Approved.  SAMUEL  AMES,  C.  J.  S.  C. 

See  No.  5. 


DECISION  No.  13. 

The  same  person  may  hold  the  office  of  clerk  and 
that  of  either  treasurer  or  collector,  but  the  same 
person  cannot  be  both  treasurer  and  collector. 

SAMUEL  AMES,  C.  J.  S.  C. 
1863. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       135 

DECISION  No.  14. 
School  District  No.  8,   North  Providence. 

A  call  for  a  meeting  signed  by  a  de  facto  trustee  is  valid. 

Iii  appeal  of  Waterman  B.  Angell  arid  others  from 
acts  of  trustees  in  calling  the  meetings  of  said  district 
held  on  the  18th  and  27th  of  June. 

The  facts  upon  the  points  at  issue  were  these.  At 
the  annual  meetings  of  said  district  for  the  years 
1862,  1863  and  1864,  as  appears  by  the  clerk's  record, 
Ralph  P.  Devereux,  Charles  A.  Boyd  and  Henry 
Armington  were  successively  elected  trustees.  It 
was  contended  by  appellants  and  admitted  by  re- 
spondents that  Charles  A.  Boyd  was  not  at  the  time 
of  his  election  eligible  (Art.  IX,  §  1,  Constitution 
of  R.  I.),  to  the  office  of  trustee,  he  being  a  certificate 
voter,  and  by  the  Constitution  (Art.  II,  §  1,)  en- 
titled to  vote  for  general  officers  only. 

It  was  also  contended  that  a  school  district  must 
elect  either  one  or  three  trustees  (Title  X,  cap.  61, 
§  5,  Revised  Statutes,)  and  in  this  case,  inasmuch 
as  the  district  had  decided  to  elect,  and  did  elect, 
three  trustees,  only  two  of  whom  were  eligible,  the 
third  not  being  qualified  to  hold  the  office,  therefore 
all  the  acts  of  these  trustees  were  void. 

It  did  not  appear  that  there  was  the  slightest  sus- 
picion, during  the  entire  period  for  which  said  Boyd 
had  held  the  office  of  trustee,  either  upon  the  part  of 
the  voters  of  the  district  or  of  the  trustees,  that  he 
was  not  a  legal  and  legally  elected  officer,  or  that  he 
acted  otherwise  than  in  good  faith.  It  has  been  de- 
cided that  "a  person  by  color  of  election,  may  be  an 
officer  de  facto,  though  indisputably  ineligible." 


136  SCHOOL  MANUAL. 

I  am  therefore  of  opinion  that  the  said  Charles  A. 
Boyd,  though  ineligible  to  the  office  of  trustee,  was 
by  color  of  election,  de  facto  one  of  the  trustees,  that 
his  office  was  voidable  only  and  not  void,  and  that  the 
acts  of  said  trustees  in  calling  the  meetings  held  re- 
spectively on  the  18th  and  27th  of  June,  1864,  and 
from  which  appeal  was  taken,  were  legal  and  binding- 
acts. 

JOSHUA  B.  CHAPIN,  C.  P.  S. 

1864. 

Approved.  SAMUEL  AMES,  C.  J.  S.  C. 

See  No.  31. 
See  No.  45. 
See  No.  58. 


DECISION  No.  15. 

A  district  has  no  right  to  expend  the  money  of  the 
coming  year. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1868. 


DECISION  No.  16. 

In  cases  of  temporary  absence,  declining  or  refus- 
ing to  serve,  or  misconduct,  unless  the  declination  or 
refusal  is  in  writing,  or  capable  of  positive  proof, 
reasonable  notice  should  be  given  to  the  officer  to 
appear  and  show  cause  why  the  office  should  not  be 
declared  vacant. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1873. 

See  No.  60. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       137 


DECISION  No.  17. 

Edward  W.  Howland  vs.  School  District  No.  3,  of 
Little  Compton. 


1.  A  vote  by  the  district  to  locate  is 

not  a  vote  to  erect. 

2.  The  district  has  no  power  to  lo- 

cate ;  this  must  be  done  by  the 
committee. 


A  delegated  power  of  condemn- 
ing property  must  be  exercised 
strictly  in  accordance  with 
terms  of  its  delegation. 


This  is  trespass  and  ejectment  for  a  lot  of  land  in 
Little  Compton,  which  it  is  admitted  belongs  to  the 
plaintiff  unless  the  defendant  has  acquired  title  by 
taking  it  for  a  schoolhouse  lot  under  Gen.  Stat.  R.  I. 
cap.  53,  §  5,  being  the  same  as  Pub.  Stat.  R.  I.  cap. 
56,  §  5.  We  think  that  §  5,  though  not  quite  clear 
in  all  respects,  is  clear  in  this  respect,  namely,  that, 
where  a  town  has  a  district  organization,  the  school 
committee  is  authorized  to  appoint  appraisers  to  de- 
cide upon  the  value  of  land  fixed  upon  by  the  com- 
mittee as  the  site  of  a  schoolhouse  in  any  district, 
after  the  district  has  voted  to  erect  a  schoolhouse, 
no  authority  to  make  the  appointment  being  given 
until  after  such  vote.  It  follows  that  in  such  a  case 
.an  appointment  before  the  vote  is  unauthorized  and 
void,  and  consequently  that  any  valuation  of  the 
land  by  the  appraisers  so  appointed,  and  any  tender 
to  the  owner  in  pursuance  thereof,  are  ineffectual  to 
divest  the  title  of  such  owner  and  vest  it  in  the  dis- 
trict. 

We  think  the  proceeding  under  which  the  defend- 
ant claims  is  defective  in  this  particular.  The  records 
of  the  defendant  district  and  of  the  school  committee, 

12* 


138  SCHOOL  MANUAL. 

copies  of  which  were  put  in  evidence  at  the  trial, 
show  that  the  proceeding  was  as  follows,  to  wit  :  A 
meeting  of  the  district  was  held  April  14,  1 875,  for 
the  purpose,  among  other  things,  of  "considering  the 
expediency  of  building  or  repairing  the  schoolhouse 
in  said  district."  At  the  meeting  it  was  voted  "to 
repair  the  schoolhouse,"  and  that  "  Charles  Staples 
hire  money  for  the  present  use,  if  needed,  for  the 
repairs  of  the  said  schoolhouse."  Subsequently  a 
special  meeting  was  notified  for  May  22,  1875,  "  for 
the  purpose  of  taking  such  measures  as  may  be 
deemed  necessary  for  the  location  of  a  district 
schoolhouse." 

At  the  meeting  held  pursuant  to  this  notice  it  was 
voted,  "that  we  locate  the  district  schoolhouse.  on 
the  ground  of  the  old  schoolhouse,"  and  "that  the 
trustee  petition  the  school  committee  to  lay  out  a  lot 
of  a  suitable  size  for  a  district  schoolhouse."  Under 
the  latter  vote  the  trustee  petitioned  the  school  com- 
mittee, which  was  in  session  the  same  day,  "  to  locate 
a  site  for  a  district  schoolhouse  for  district  No.  3." 
The  school  committee,  acting  on  this  petition,  fixed 
upon  the  old  schoolhouse  lot,  being  the  lot  in  suit, 
and  defined  its  bounds.  An  attempt  was  then  made 
to  agree  with  the  plaintiff  as  owner,  which  failed. 
Thereupon,  on  application  of  the  trustee,  the  school 
committee  appointed  appraisers  who  valued  the  land 
at  $45.  Upon  their  report  the  district  voted  to  ten- 
der the  $45  to  the  plaintiff  as  owner,  which  was  done 
June  10,  1875. 

The  recital  shows  no  vote  of  the  district  to  erect  a 
schoolhouse.  There  is  no  proof  of  any  such  vote 
prior  to  the  appointment  of  the  appraisers.  Possi- 
bly it  may  be  thought  that  the  vote  to  locate  implies 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       139 

a,  vote  to  erect,  and  is  therefore  equivalent  to  it.  We 
do  not  think  so.  The  vote  to  locate  was,  in  point  of 
law,  a  mere  nullity,  the  power  to  locate  being  in  the 
school  committee.  The  vote  was  merely  an  expres- 
sion of  preference.  The  statute  contemplates  that 
the  selection  of  the  site  shall  precede  the  vote  to 
build.  Moreover,  it  does  not  appear  that  the  dis- 
trict ever  supposed  or  claimed  that  the  vote  to  locate 
was  equivalent  to  a  vote  to  erect.  On  the  contrary, 
the  record  shows  that  at  a  special  meeting  of  the  dis- 
trict, August  27,  1875,  held  pursuant  to  notice,  "for 
the  purpose  of  considering  the  question  of  building 
•or  repairing  the  district  schoolhouse,"  it  was  voted 
"  to  recede  from  repairing  the  old  schoolhouse,"  and 
"  to  build  a  new  schoolhouse."  The  inference  is  that 
the  district  then  considered  the  vote  to  repair  as  still 
in  force,  and  that  the  vote  to  build  still  remained  to 
be  adopted.  It  is  hardly  necessary  to  say  that  if  the 
appraisal  was  unauthorized,  and  consequently  void, 
when  made,  for  want  of  a  precedent  vote  to  build, 
this  subsequent  vote  was  without  effect,  as  against 
the  plaintiff  at  least,  to  ratify  or  confirm  it.  The 
power  to  take  property  in  invitum  is  a  sovereign 
power,  and,  when  delegated,  must  be  exercised  in 
strict  conformity  with  the  terms  of  its  delegation,  or 
otherwise  the  exercise  will  be  invalid. 

THOMAS  DURFEE,  C.  J.  S.  C. 

1885. 

See  No.  19. 


140  SCHOOL  MANUAL. 


DECISION  No.  18. 

Edward  W.  Hoivland  vs.  School  District  No.  3, 
Little  Compton. 

1.    Pub.  Stat.  K.  I.  cap.  56,  §  5,  does  district    votes    to    build    the 

not  imperatively  require  that  schoolhouse. 

the  location  of  a  district  school-  2.    On  a  motion  to  quash  proceed- 
house   shall   be  fixed  by  the  ings,  only  defects  apparent  on 

school  committee   before  the  the  record  can  be  considered. 

After  the  rendering  of  decision  No.  17,  the  district 
instituted  new  proceedings  to  condemn  for  school 
purposes  the  lot  in  question.  From  this  condemna- 
tion Howland  appealed  to  the  Court  of  Common 
Pleas  for  the  County  of  Newport,  at  its  May  Term, 
A.  D.  1886.  The  Court  of  Common  Pleas,  on  motion 
of  the  appellant,  quashed  the  proceedings  of  condem- 
nation, and  the  school  district,  the  appellee,  brought 
its  exceptions  to  the  Supreme  Court. 

OPINIOX. 

This  is  an  appeal  from  proceedings  instituted  by 
school  district  No.  3,  in  Little  Compton,  to  acquire 
by  condemnation  a  lot  of  land  in  said  district  belong- 
ing to  the  appellant  Howland,  for  the  erection  of  a 
public  schoolhouse  thereon.  The  appeal  was  taken 
to  the  Court  of  Common  Pleas,  and  comes  here  on 
exceptions.  At  the  trial  in  the  court  below,  the 
district  put  in  the  record  of  its  proceedings  and 
rested.  The  appellant  moved  to  quash  the  proceed- 
ings, on  the  ground  that  they  do  not  show  a  legal 
condemnation.  The  court  granted  the  motion,  be- 
cause it  appears  by  the  record  that  the  vote  of  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       141 

district  to  build  the  schoolhouse  preceded  the  selec- 
tion of  the  site  by  the  school  committee,  the  court 
being  of  opinion  that  the  selection  must  precede  the 
vote. 

The  statute,  Pub.  Stat.  R.  I.  cap.  56,  §  5,  provides 
that  "  in  case  the  school  committee  shall  fix  upon  a 
location  for  a  schoolhouse  in  any  district,  ....  and 
the  district  shall  have  passed  a  vote  to  erect  a  school- 
house,"  then,  if  the  owner  of  the  lot  selected  shall 
refuse  to  convey  it,  or  cannot  agree  for  the  price  of 
it  with  the  district,  the  committee  shall  appoint  ap- 
praisers who  shall  determine  the  price  to  be  paid, 
and  that  upon  tender  or  payment  thereof  the  title 
of  the  lot  shall  vest  in  the  district.  The  statute 
does  not  expressly  provide  that  the  selection  of  the 
site  shall  precede  the  vote  to  build,  but  only  that 
the  selection  and  vote  shall  both  precede  the  steps 
next  to  be  taken.  In  the  former  case  between 
the  parties  to  this  proceeding  the  court  remarked, 
"the  statute  contemplates  that  the  selection  of  the 
site  shall  precede  the  vote  to  build."  The  remark 
was  an  inference  from  the  order  in  which  the  two 
acts  are  mentioned,  and  from  the  supposition  that 
a  district,  before  voting  to  build  a  schoolhouse, 
would  naturally  like  to  know  where  it  is  to  stand 
when  built.  We  see  no  reason  to  retract  the  re- 
mark ;  but  it  does  not  follow,  because  it  may  be 
inferred  that  a  particular  order  of  procedure  is 
contemplated,  that  it  is  therefore  commanded  ;  and 
unless  we  can  find  that  the  order  is  in  effect  com- 
manded, we  cannot  hold  that  a  deviation  from  it  is 
fatal,  so  long  as  the  statute  is  literally  complied  with. 
The  question  then  is,  not  whether  the  statute  con- 
templates, but  .whether  it  imperatively  requires,  that 


142  SCHOOL  MANUAL. 

the  selection  of  the  site  shall  precede  the  vote  to 
build.  The  General  Assembly  knew,  of  course,  when 
the  statute  was  enacted,  that  its  execution  would 
often  devolve  on  plain  men,  unskilled  in  the  kind  of 
work  which  it  imposes,  and  it  is  therefore  reasonable 
to  suppose  that  they  intended  to  express  their  mean- 
ing so  that  it  would  be  readily  understood.  But,  if 
they  had  intended  that  the  selection  of  the  site  should 
necessarily  precede  the  vote  to  build,  it  would  have 
been  natural  for  them  to  add  the  word  "  thereon,"  or 
some  equivalent  expression,  after  the  words  "  erect  a 
schoolhouse."  The  word  or  expression  may  have 
been  omitted  because  such  was  not  their  intention. 
We  see  nothing  to  warrant  our  making  the  addition 
"by  construction.  Our  conclusion  is  that  the  court 
below  erred  in  quashing  the  proceeding  for  the 
reason  assigned. 

The  appellant  contends  that  the  proceeding,  if  not 
void  for  the  reason  assigned  by  the  court  below,  is 
void  and  ought  to  be  quashed  for  other  reasons,  to 
wit:  because  it  does  not  appear  that  the  notices  given 
>ot'  the  district  meeting  were  posted  in  such  public 
places  as  the  law  requires,  or  that  they  conformed  to 
the  law ;  and  because  the  record  does  not  show  at 
what  hour  the  meeting  was  held.  We  do  not  dis- 
cover any  fault  in  the  notice  as  recorded  in  point  of 
form.  It  is  in  the  form  given  in  the  Rhode  Island 
School  Manual.  It  states  the  time,  place,  and  pur- 
pose of  the  meeting.  It  bears  date  six  days  before 
the  meeting  notified,  and  is  signed  by  the  trustee. 
It  meets  the  requirement  of  the  statute.  Pub.  Stat. 
R.  I.  cap.  52,  §§  3,  5.  The  record  does  not  state  spe- 
cifically how  or  where  the  notices  were  posted,  but 
.states  that  the  meeting  "  was  duly  notified  by  post- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       143- 

ing  two  notices  of  the  time,  place,  and  object  of  said 
meeting  in  the  district  for  five  days  previous  to  the 
day  of  meeting."  It  may  be  questionable  if  this 
statement  would  be  sufficient  at  common  law,  but 
our  statute,  Pub.  Stat.  R.  I.  cap.  58,  §  11,  provides, 
"  The  record  of  the  district  clerk  that  a  meeting  has 
been  duly  or  legally  notified  shall  be  prima  facie 
evidence  that  it  has  been  notified  as  the  law  re- 
quires." We  think  the  statement  is  prima  facie 
sufficient  under  this  provision.  The  record  does  not 
state  in  express  terms  at  what  hour  the  meeting  was 
held,  but  it  describes  the  meeting  as  that  which  was 
notified,  and  the  notice  appoints  the  hour.  A  meet- 
ing held  at  any  different  hour  would  not  be  the  meet- 
ing which  was  notified.  We  do  not  think  the  record 
is  fatally  defective  in  this  respect. 

The  appellant  contends  that  the  proceedings  should 
be  quashed  because  there  is  no  record  of  any  vote  to 
build  on  the  lot  located  by  the  school  committee. 
This  merely  raises  in  another  form  the  question 
which  we  have  first  decided.  The  statute  does  not 
require  a  vote  to  build  on  the  lot  located,  but,  as  we 
have  seen,  only  requires  a  location  of  the  lot  by  the 
committee,  and  a  vote  to  build  a  schoolhouse  by  the 
district,  as  a  prerequisite  to  subsequent  proceedings. 

A  motion  to  quash  can  be  granted  only  for  defects 
apparent  on  the  record.  We  can  know  nothing  of 
defects  or  errors  which  may  be  brought  to  light  by 
the  evidence.  We  do  not  think  the  proceeding 
should  be  quashed  for  any  defect  pointed  out  by  the 

appellant. 

THOMAS  DURFEE,  C.  J.  S.  d 

1887. 

See  No.  8. 


144  SCHOOL  MANUAL. 


DECISION  No.  19. 

Edivard  W.  Howland  vs.  School  District  No.  3,  Lit- 
tle Compton. 

When  a  school  district  attempted  to  condemn  land  under  Pub.  Stat.  R.  I. 
cap.  56,  §  5,  and  the  records  of  the  district  did  not  show  that  the  t;pro- 
prietor  of  the  land  refused  to  convey  the  same,  or  could  not  agree 
with  the  district  for  the  price  thereof"  the  proceedings  must  be 
quashed. 

This  is  an  appeal  from  the  doings  of  school  district 
No.  3,  of  the  town  of  Little  Compton,  and  of  the 
school  committee  of  said  town,  in  condemning  for 
school  purposes  a  certain  lot  of  land  in  said  district 
belonging  to  the  appellant.  The  appeal  was  taken 
to  the  Court  of  Common  Pleas,  and  comes  before  us 
on  exceptions  after  jury  trial  in  that  court. 

At  the  trial,  after  the  records  of  the  proceedings 
of  the  district  and  committee  had  been  put  in  evi- 
dence and  verified,  and  other  testimony  had  been  in- 
troduced in  support  of  condemnation,  and  the  dis- 
trict had  rested  in  its  opening,  the  appellant  moved 
that  the  proceedings  of  the  district  be  quashed,  be- 
cause it  did  not  appear  that  the  appellant,  owner  of 
the  land  condemned,  could  not  agree  with  the  dis- 
trict for  its  price.  The  statute  requires  that,  before 
condemnation,  "  the  proprietor  of  the  land  shall  re- 
fuse to  convey  the  same,  or  cannot  agree  with  the 
district  for  the  price  thereof."  Pub.  Stat.  R.  I.  cap. 
56,  §5.  The  records  of  the  district  do  not  show  that 
the  district  ever  authorized  any  person  to  procure  a 
conveyance,  or  to  agree  on  its  behalf  with  the  appel- 
lant, but  only  show  that  at  a  meeting  held  three  days 
after  the  school  committee  had  selected  the  lot,  the 
trustee  of  the  district,  who  had  been  appointed  to  ask 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       145 

the  school  committee  to  select  a  lot.  reported  that  he 
was  unable  to  get  any  price  on  it.  The  records  of  the 
district  are  clearly  defective  in  this  particular,  since 
a  refusal  to  give  the  trustee  a  price  cannot  be  held  to 
be  a  refusal  to  give  the  district  a  price,  and  does  not 
show  that  the  appellant  could  not  have  agreed  with 
the  district,  the  trustee  having  no  authority  to  repre- 
sent the  district.  The  counsel  for  the  district  con- 
tends that  the  acceptance  of  the  trustee's  report 
amounted  to  an  adoption  of  his  agency,  and  supplies 
the  want  of  a  prior  appointment.  We  do  not  think 
the  acceptance  can  have  this  effect,  there  being  noth- 
ing to  show  that  the  appellant  received  the  trustee  as 
the  representative  of  the  district,  and  intended  to 
have  his  refusal  to  treat  with  him  regarded  as  a  re- 
fusal to  treat  with  the  district.  Nor  do  we  think  the 
defect  is  aided  by  the  record  of  the  school  commit- 
tee, since  their  record  does  not  state  or  find  it  to  be  a 
fact  that  the  district  and  the  appellant  could  not 
agree,  but  only  that  the  trustee  so  stated  when  he 
applied  for  the  appointment  of  appraisers. 

The  trustee  was  called  as  a  witness  by  the  district,, 
and  testified  that,  "  after  the  school  committee  located 
the  site,  I  was  directed  to  buy  the  land  of  Rowland. 
I  saw  him  and  he  would  not  sell,  and  I  reported  to 
the  district."  The  counsel  for  the  district  contends 
that  the  defect  is  supplied  by  this  testimony.  The 
district  and  the  school  committee  were  acting  in  pur- 
suance of  a  special  jurisdiction,  and  according  to  the 
ordinary  rule  it  was  for  them  to  show  affirmatively 
that  they  acted  within  their  authority,  or  the  contrary 
will  be  presumed.  The  district  and  the  school  com- 
mittee, in  condemning  land  for  school  purposes,  per- 
form a  public  function  judicial  in  its  nature,  and 

13 


146  SCHOOL  MANUAL. 

their  records  are  the  proper  proof  of  their  acts.  We 
have  come  to  the  conclusion  that  the  motion  to  quash 
ought  to  have  been  granted.  The  motion,  however, 
was  unreasonably  delayed.  It  might  have  been  made 
immediately  after  the  proceeding  was  brought  to  the 
Court  of  Common  Pleas  on  appeal,  and,  if  then  made, 
much  trouble  and  expense  would  have  been  avoided. 

We  shall  order  the  proceedings  quashed  without 
costs. 

THOMAS  DURFEE,  C.  J.  S.  C. 

1888. 

See  No.  17. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      147 


DISTRICT  MEETINGS. 


DECISION  No.  20. 

In  the  election  of  a  committee  to  purchase  land  for 
site  of  a  schoolhouse  which  has  been  approved  ac- 
cording to  law  and  the  price  of  which  is  known  to  the 
meeting  at  the  time  of  making  such  appointment,  and 
in  the  election  of  a  building  committee  for  the  build- 
ing of  that  which  has  been  lawfully  approved,  the 
moderator  may  receive  the  vote  of  any  resident  of 
the  district,  who  is  at  the  time  qualified  to  vote  in 
town  meeting  for  town  officers. 

HENRY  BARNARD,  C.  P.  S. 

1848. 

Approved.          RICHARD  W.  GREENE,  C.  J.  S.  C. 

See  No.  9. 


DECISION  No.  21. 

It  is  the  duty  of  the  moderator  to  put  all  questions 
to  vote. 

ELISHA  R.  POTTER,  C.  P.  S. 

1848. 


148  SCHOOL  MANUAL. 

DECISION  No.  22. 
School  District  No.  3,  North  Providence. 

Omissions  in  the  records  of  school  officers  may  be  supplied  on  proper 
evidence. 

Evidence  to  correct  or  supply  omissions  in  the  rec- 
ords of  school  officers,  I  think  may  properly  be  ad- 
mitted. In  the  case  of  clerks  of  districts,  it  seems 
absolutely  necessary,  as  they  are  often  unacquainted 
with  the  forms  of  doing  business.  In  the  case  of 
a  school  committee,  however,  the  presumption  is 
stronger  that  they  are  competent  men,  and  will  be 
careful  to  see  that  their  record  is  well  kept.  Yet 
even  here  great  mischief  might  result  from  excluding 
all  evidence  other  than  the  record.  But  it  should  be 
received  with  great  caution,  as  after  any  considerable 
.length  of  time  parties  might  not  recollect  it  alike. 

ELISHA  R.  POTTEK,  C.  P.  S. 
I  approve  of  the  above  decision. 

RICHARD  W.  GREENE,  C.  J.  S.  C. 
1853. 

See  No.  14. 
See  No.  31. 

See  No.  45. 
See  No.  58. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       149 

DECISION  No.  23. 

School  District  No.  3,  North  Providence. 

1.    Qualifications  of  voters  in  district  I  2.    Residence  of  voters, 
meetings. 

The  question  turns  upon  the  legality  of  the  votes 
of  Finigin  and  Heaton,  which  had  been  struck  off  by 
the  school  committee. 

It  appears  in  evidence  that  Finigin  is  a  naturalized 
citizen,  and  a  resident  in  said  district ;  that  he  has 
owned  real  estate  sufficient  to  qualify  him  to  vote 
since  September  4,  1850  ;  that  his  naturalization  pa- 
pers are  dated  March  4,  1851,  and  that  he  is  taxable 
in  the  town,  and  is  liable  to  be  taxed  in  the  district 
for  the  house  in  which  he  lives.  It  was  contended 
that,  his  name  not  being  on  the  town  voting  list,  he 
could  not,  for  this  reason,  be  allowed  to  vote  in  dis- 
trict meetings.  The  qualifications  for  voting  in  dis- 
trict meetings  are  identical  with  those  for  voting  in 
town  meetings,  with  the  same  proviso  as  to  voting 
upon  any  question  of  taxation.  But  the  restriction 
which  forbids  the  moderator  to  receive  the  vote  of 
any  one  whose  name  is  not  on  the  voting  list,  is  not 
contained  in  the  school  laws  as  a  restriction  to  voting 
in  district  meetings.  A  moderator  is  therefore  bound 
to  receive  and  count  the  vote  of  a  person  who  is  a 
citizen  and  a  holder  of  real  estate  in  a  district,  when- 
ever he  has  resided  in  it  a  sufficient  length  of  time, 
even  if  his  name  is  not  on  the  voting  list.  Such  is 
the  opinion  of  the  late  commissioner  of  public  schools, 
in  the  case  of  Asa  M.  Allen. 

In  the  case  of  Heaton,  it  is  testified,  that  he  became 
of  age  on  the  28th  of  December,  1853,  that  he  holds 

13* 


150  SCHOOL  MANUAL. 

undivided  real  estate  to  a  sufficient  amount  to  qualify 
him  to  vote,  and  that  he  is  a  resident  in  said  district. 
It  is  objected  that,  prior  to  August  17,  1854,  he  re- 
moved into  Massachusetts,  and  thus  lost  his  citizen- 
ship in  Rhode  Island.  In  opposition  to  this  it  was 
proved  that  he  went  into  Massachusetts  for  a  merely 
temporary  purpose,  and  that  he  never  intended  to 
change  his  abode,  and  that  his  estate,  his  business, 
and  his  real  home,  remained  in  Rhode  Island.  It  ap- 
pears to  me  that  the  principles  which  ought  to  govern 
in  deciding  questions  of  domicile  or  residence,  as  laid 
down  by  Judge  Story  in  his  Conflict  of  Laws,  and 
quoted  in  Appendix  No.  9  to  the  Report  of  the  Com- 
missioner of  Public  Schools  for  1854,  would  render 
Heaton  still  a  citizen  and  a  voter  in  district  meetings 
in  Rhode  Island,  since  his  intention  of  only  tempo- 
rary removal  seems  plain. 

It  is,  therefore,  my  opinion  that  the  votes  of  Finigin 
and  Heaton  ought  to  be  counted  as  against  said  mo- 
tion to  rescind.  The  vote  will  then  stand  seventeen 
ayes,  eighteen  nays  ;  and  the  motion  is  lost.  The 
several  votes  of  the  district  relating  to  building  are 
therefore  still  unrescinded,  and  of  the  same  force  and 
validity  as  if  such  motion  had  not  been  made. 

ROBERT  ALLYN,  C.  P.  S. 
Approved.         GEOKGE  A.  BRAYTON,  A.  J.  S.  C. 

1854. 

See  No.  8. 
See  No.  25. 
See  No.  26. 
See  No.  27. 
See  No.  39. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       151 

DECISION  No.   24. 

School  District  No.  3,  North  Providence. 

All  business  of  special  meetings  of  school  districts  must  be  specified  in 
the  notice  of  the  meeting. 

The  commissioner  is  of  opinion  that  an  election  of 
trustees  at  a  special  meeting,  the  notice  whereof  did 
not  specify  that  business,  cannot  be  considered  valid. 
Section  29  of  the  school  law  enacts  that  notice  of  the 
time,  place,  and  object,  of  every  special  meeting  shall 
be  given.  The  notice  put  up  for  a  meeting  to  be 
held  on  the  6th,  contained  no  specification  concern- 
ing the  election  of  a  trustee ;  and  as  this  meeting 
was  adjourned,  and  another  notice  was  posted  up,  it 
must  be  held  that  the  meeting  of  the  15th  was  not 
competent  to  elect  a  trustee — an  item  of  business  not 
named  in  the  original  warrant.  If  it  is  said  that  a 
motion  was  made  to  accept  the  resignation  of  Trainer, 
and  this  being  postponed  to  the  next  meeting  was  a 
sufficient  notice  of  the  intention  to  elect  a  trustee,  it 
will  be  an  ample  reply  to  say  that  such  postpone- 
ment cannot  be  considered  a  notice  according  to  the 
requirements  of  the  law.  For  section  30  of  the  school 
law  specifies  the  mode  of  notice,  which  is  "  by  pub- 
lishing in  some  newspaper,  or  by  putting  up  notice, 
or  in  such  manner  as  the  school  committee  may  re- 
quire." The  notice  certainty  was  not  given  in  any  of 
these  three  ways.  It  may  also  be  said,  that  if  the  law 
requires  the  business  of  every  special  meeting  to  be 
named  in  the  warrant,  trustees,  if  so  disposed,  might 
prevent  action  on  any  necessary  matter  by  failing  or 
refusing  to  insert  it  as  an  item  in  the  warrant  calling 


152 


SCHOOL  MANUAL. 


the  meeting.  But  section  twenty-seven  of  the  school 
law  provides  against  this  by  commanding  the  trustees 
to  call  a  meeting  to  be  held  "  within  seven  days,  on 
the  written  request  of  any  five  qualified  voters,  stat- 
ing the  object  for  which  they  wish  it  called,"  and  if 
the  trustees  neglect  or  refuse  to  call  such  meeting  the 
school  committee  may  call  it  and  fix  the  time  of  hold- 
ing it. 

ROBERT  ALLYN,  C.  P.  S. 


1856. 
Approved. 

See  No.  32. 


GEORGE  A.  BRAYTON,  A.  J.  S.  C. 


DECISION  No.  25. 


School  District  No.  7,  Burrillville. 


No  person  to  vote  on  any  propo- 
sition to  raise  a  tax,  unless  he 
is  liable  to  pay  a  part  of  said 
tax. 


To  change  a  vote  of  a  district  it 
must  be  shown  that  enough  il- 
legal votes  were  cast  to  change 
the  result. 


The  commissioner  decides  that  the  school  law  does 
imperatively  prohibit  any  person  from  voting  on  any 
question  concerning  taxation,  unless  he  has  paid,  or 
shall  be  liable  to  pay,  a  portion  of  such  tax  ;  and  on 
examination  of  the  names  of  persons  who  voted  for 
and  against  said  motion  to  pay  the  debts  of  the  dis- 
trict with  this  money,  he  finds  that  no  person  so  hav- 
ing paid  a  portion  of  said  tax  voted  in  the  affirmative, 
and  that  five  persons  so  having  paid  a  portion  of  said 


DECISIONS  KELATINO  TO  PUBLIC  INSTRUCTION.       153 

tax  voted  in  the  negative.     He,  therefore,  declares 
that  the  motion  was  lost. 

ROBERT  ALLYN,  C.  P.  S. 

1856. 

See  No.  8. 
See  No.  23. 
See  No.  26. 
See  No.  27. 
See  No.  39. 


DECISION  No.  26. 

School  District  No.  2,  Cranston. 

Any  resident  of  a  school  district,  qualified  at  the  time  as  a  registered  voter 
to  vote  in  town  meeting,  is  entitled  to  vote  in  the  district  meeting  to 
assess  a  tax  for  the  repair  or  improvement  of  the  district  schoolhouse, 
provided  he  be  liable  on  account  of  his  personal  estate  to  contribute  to 
the  tax  for  which  he  votes,  although  he  has  never  been  assessed  for  such 
personal  estate,  and  his  name  is  not  upon  the  last  list  of  town  voters. 

Appeal  to  the  commissioner  of  public  schools,  from 
the  vote  of  a  district  meeting  of  school  district  No.  2, 
Cranston,  ordering  a  tax  of  $500  to  be  assessed  upon 
the  ratable  property  of  the  district,  for  the  purpose  of 
repairing  and  improving  the  schoolhouse  in  said  dis- 
trict. 

By  the  statement  of  facts  it  appears  a  vote  was 
passed  at  a  district  meeting  held  on  the  21st  of  May, 
1859,  by  eighteen  affirmative,  against  sixteen  negative, 
votes;  and  the  appellants  contested  the  validity  of  the 
order  of  assessment  by  impeaching  the  right  to  vote, 
at  said  meeting,  of  Horatio  N.  Randall  and  .Charles 
O.  Bennett,  residents  in  said  district,  both  of  whom 
voted  in  the  affirmative.  It  further  appears  from  the 


154  SCHOOL  MANUAL. 

statement  that  Randall  was  in  September,  1858, 
assessed  in  the  town  of  Cranston,  for  town  taxes,  the 
sum  of  $3.65  upon  real  estate  valued  at  $1,200,  which 
he  paid  to  the  town  collector  on  the  8th  day  of  March, 
1859;  and  that  having,  in  January  or  February,  1859, 
sold  his  real  estate,  he  was  in  July  of  that  year 
assessed,  for  town  taxes  in .  Cranston,  the  sum  of 
$1.07-J  upon  personal  estate  valued  at  $500 — the  same 
•estate  for  which  he  was  assessed  for  his  proportion  of 
the  tax  in  question.  Bennett's  name,  though  upon 
the  registry,  was  not  upon  the  list  of  voters  of  the 
town  of  Cranston,  prepared  for  the  April  or  June 
elections,  1859. 

By  §  8,  cap.  62,  of  the  Revised  Statutes,  every 
resident  in  a  school  district  is  entitled  to  vote  in  a 
district  meeting,  who  is  qualified  at  the  time  to  vote 
in  a  town  meeting,  with  this  further  restriction, — that 
to  vote  upon  any  question  of  taxation  of  property,  or 
of  expenditure  of  money  raised  thereby,  he  must  either 
have  paid,  or  be  liable  to  pay,  a  portion  of  the  tax.  He 
need  not,  however,  be  upon  the  last  list  of  town 
voters  ;  since  such  lists  are  not  prepared  or  made  up 
for  district,  as  they  are  for  town,  meetings  ;  and  there 
is,  therefore,  no  mode  provided  by  which  he  could 
get  upon  the  list,  however  well  qualified  he  might  be 
at  the  time  to  vote. 

In  this  view  of  the  statute,  it  is  plain,  that  Randall 
was  entitled  to  vote  for  the  tax  ordered  to  be  as- 
sessed by  the  district  meeting  of  school  district  No.  2 
•of  Cranston,  held  on  the  21st  day  of  May,  1859. 
Though  not  upon  the  town  voting  list  made  up 
for  the  April  election,  1859,  he  was  qualified,  as  a 
registered  voter,  to  vote  at  the  meeting  in  question, 
by  the  payment  of  a  tax  to  the  amount  of  a  dollar, 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       155 

upon  property  valued  at  a  sum  exceeding  one  hun- 
dred and  thirty-four  dollars,  assessed  within  the  year 
next  preceding,  and  more  than  four  days  prior  to  the 
time  of  his  voting  (Rev.  Stat.  cap.  22,  §  1 ;  cap.  23, 
§  14),  and  although  he  had  parted  with  the  real 
estate  upon  which  this  tax  had  been  assessed,  he  was, 
on  account  of  personal  estate  to  the  amount  of  $500,. 
liable  to  contribute  to,  and  therefore  entitled  to  vote 
for,  the  school  district  tax  in  question. 

SAMUEL  AMES,  C.  J.  S.  C. 

1859. 

See  No.  8. 
See  No.  23. 
See  No.  25. 
See  No.  27. 
See  No.  39. 


DECISION  No.  27. 

I  am  satisfied  no  particular  length  of  residence  is 
necessary  in  a  district  to  entitle  a  person  to  vote,  pro- 
vided it  be  bonafide.  This  was  formerly  held  so,  and 
I  cannot  see  any  good  reason  to  doubt  it. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1872. 


DECISION  No.  28. 

Right  of  a  husband  to  vote  on  his  wife's  real  estate. 

1 .  Any  husband  who  married  his  wife  previous  to 
December  2,  1872,  and  whose  wife  acquired  the  prop- 
erty on  which  he  claims  the  right  to  vote  previous  to 


156 


SCHOOL  MANUAL. 


December  2,  1872,  is  entitled  to  vote  under  Art.  II, 
§  1,  if  he  is  otherwise  qualified  and  if  the  property 
is  a  freehold  estate  of  the  value  prescribed  in  the 
constitution,  whether  he  has  had  children  by  his  wife 
or  not. 

2.  Any  husband  married  since  December  2,  1872, 
or  whose  wife  has  acquired  the  property  on  which  he 
claims  the  right  to  vote  since  December  2,  1872,  is 
entitled  to  vote  under  Art.  II,  §  1,  if  he  is  other- 
wise qualified  and  if  the  property  is  an  estate  of  in- 
heritance of  the  value  prescribed  in  the  constitution^ 
provided  he  has  had  issue  by  his  wife  capable  of 
inheriting  it, — but  otherwise,  not. 

THOMAS  DURFEE,       \ 
WALTER  S.  BURGES,  / 
ELISHA  R.  POTTER, 
CHARLES  MATTESON, 
JOHN  H.  STINESS, 
1878; 


Court. 


DECISION  No.  29. 


Emma  A.  Frink  vs.  School  Committee  of  Coventry. 


1.  District  meeting  held  under  but 
one  notice  is  illegal,  even  though 
all  the  voters  knew  of  the 
meeting. 


Neglect  of  duty  by  a  school  offi- 
cer renders  him  liable  to  a  pen- 
alty, but  does  not  invalidate  a 
school. 


This  was  a  case  where  a  trustee  was  elected  at  a 
meeting  called  by  only  one  notice,  whereupon  objec- 
tion was  made  and  the  old  trustee  called  another 
meeting  by  posting  two  notices,  at  which  meeting 
another  party  was  elected  trustee  than  at  the  first 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       15T 

meeting.  The  trustee  elected  at  the  second  meeting, 
hired  the  appellant,  who  proceeded  to  teach  the  sum- 
mer term  of  school ;  the  trustee  elected  at  the  first 
meeting  having  in  the  meantime  surrendered  posses- 
sion of  the  schoolhouse.  The  school  committee,  how- 
ever, from  doubts  as  to  the  legality  of  the  trustee's 
election,  refused  to  recognize  the  school,  though 
notified  of  its  existence  by  the  teacher  according  to 
their  rules  ;  and  at  the  end  of  the  term  they  refused 
to  draw  an  order  for  the  payment  of  her  wages,, 
though  the  proper  return,  duly  signed,  was  presented. 
It  was  decided,  First,  that  an  election  held  at  a 
meeting  called  by  but  one  notice  was  invalid,  that 
verbal  or  parol  notice  cannot  be  accepted  in  place  of 
the  plain  statutory  requirement  of  two  written  notices. 
Second,  that  a  failure  of  the  school  committee  to- 
recognize  a  school,  which  was  otherwise  legal,  could 
not  be  construed  into  a  condemnation  of  such  school. 
Third,  that  tjie  failure  of  a  school  officer  to  visit  a 
school,  or  to  give  notice  as  required  by  law  renders 
the  official  liable  for  neglect  of  duty,  but  does  not  de- 
stroy the  legality  of  the  school. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1875. 

Appeal  to  Supreme  Court  and  decision  sustained. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1881. 


14 


158  SCHOOL  MANUAL. 


DECISION  No.  30. 

Annual   Meeting   of  Joint  School   District  No.   17, 
South  Kingstown,  and  No.  4,  Richmond. 

Call  for  a  record  vote  must  be  made  before  the  voting  begins. 

From  a  careful  examination  and  consideration  of 
the  testimony  I  find  the  following  facts  to  be  well 
established  : — That  the  meeting  was  duly  notified  and 
organized,  and  that  its  proceedings  were  without  con- 
test till  the  election  of  trustee.  When  the  moderator 
announced  the  election  of  trustee  in  order,  R.  P. 
Smith  was  nominated  and  his  nomination  seconded. 
Other  nominations  were  called  for  Toy  the  moderator, 
but  none  were  immediately  made.  A  call  was  how- 
ever made  for  a  paper  ballot  and  the  moderator  pre- 
pared his  hat  for  a  ballot  box  and  the  voting  began. 
Very  soon  after  it  began  A.  E.  Wilcox  was  nominated 
and  his  nomination  seconded,  and  then  a  request  was 
made  that  a  record  of  the  voters  and  how  they  voted 
be  kept.  This  request  the  moderator  did  not  heed, 
but  allowed  the  ballot  to  go  on  till  all  present  who 
wished  to  had  voted.  The  votes  were  then  counted 
and  found  to  number  31,  of  which  R.  P.  Smith  had  17 
and  A.  E.  Wilcox  and  E.  A.  Wilcox  (both  forms  of 
initials  being  used)  had  14,  and  R.  P.  Smith  was  de- 
clared elected. 

As  to  the  point  in  question  I  do  not  see  how  it  can 
affect  the  legality  of  the  election.  I  think  that  there  is 
no  doubt  about  a  call  for  a  record  of  the  votes  being 
made,  but  it  is  just  as  clear  that  it  was  not  made  un- 
til after  the  voting  had  begun,  and  if  that  is  so,  I 
think  that  the  moderator,  not  only  was  not  obliged  to 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       159 

stop  the  balloting  and  begin  again,  but  had  no  right 
to  do  so.  To  acknowledge  such  a  right  on  the  part  of 
the  moderator  Avould  put  it  in  his  power  to  stop  a 
ballot  at  any  point,  even  after  parties,  who  had 
voted,  had  left  the  meeting,  and  thus  enable  a  minor- 
ity to  obtain  control.  If  it  be  urged  that  the  mode- 
rator allowed  the  balloting  to  begin  too  soon,  without 
allowing  time  enough,  it  does  not  so  appear  from  the 
records  or  the  testimony.  The  impression  made  by 
both  of  those  sources  of  information  is  that  no  undue 
haste  was  used.  The  time  for  a  demand  to  have  a 
record  of  the  votes  made  was  when  the  ballot  was 
called  for.  It  is  not  pretended  that  it  was  made  until 
after  the  nomination  of  Wilcox  which  followed  the 
call  for  a  ballot. 

In  view,  therefore,  of  all  these  facts  the  appeal  is 
dismissed,  and  the  election  of  R.  P.  Smith  as  trustee 
of  said  joint  district  is  hereby  confirmed  and  estab- 
lished. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1882. 

See  No.  35. 

See  No.  36. 


DECISION  No.  31. 

Annual  Meeting  School  Districts  8  and  4,  North 
Kingstown. 

1.    It  is  not  necessary  that  a  district '  2.  The  fact  that  a  clerk,diily  elected, 

take  a  formal  vote  each  year  !  is  subsequently  found  to  be  in- 

upon  the  question  whether  it  eligible  does  not  render  invalid 

will  elect  one  trustee  or  three.  I  his  records  made  previously. 

In  the  matter  of  the  appeal  of  W.  C.  Davis  et  als. 
from  the  election  of  Owen  G.  Gardiner  as  trustee  of 


160  SCHOOL  MANUAL. 

Consolidated  School  Districts  3  and  4  of  North 
Kingstown,  at  the  annual  district  meeting  held  April 
18,  1887. 

The  hearing  was  held  at  the  district  schoolhouse  in 
Wickford,  on  May  28,  1887,  at  which  time  the  fol- 
lowing facts  were  adduced: — 

That  the  annual  meeting  of  said  districts  3  and  4, 
North  Kingstown,  was  called  by  the  trustee  of  last 
year,  Owen  G.  Gardiner,  by  three  notices  in  proper 
form,  posted,  one  each,  at  the  Belleville  depot,  at  the 
town  clerk's  office,  and  at  the  store  of  Potter  and 
Page  in  the  village  of  Wickford;  that  the  hour  for  the 
meeting  was  7  o'clock  ;  that  the  meeting  was  organ- 
ized by  the  choice  of  S.  O.  Myers,  M.  D.,  as  moderator, 
and  Chas.  Stafford,  the  clerk  of  the  previous  year, 
as  clerk  ;  but  as  Mr.  Stafford  was  absent  at  that  time, 
one  McDonald  was  elected  clerk  pro  tern.,  who  proves 
to  be  a  minor ;  that  no  motion  was  made  to  fix  the 
number  of  trustees,  but  that  two  candidates  were 
nominated  for  the  office  of  trustee,  viz. — Owen  G. 
Gardiner  and  George  E.  Gardiner,  and  a  ballot  taken, 
73  ballots  being  cast,  of  which  Owen  G.  Gardiner 
had  a  clear  majority  and  was  declared  elected  ;  that 
the  other  officers  were  elected  in  due  form  and  no 
protest  or  claim  of  illegality  was  made  at  that  time 
so  far  as  appears  in  evidence  ;  that  Owen  G.  Gardi- 
ner has  been  duly  engaged  and  has  discharged  the 
duties  of  the  office  since  his  election. 

It  is  also  in  evidence  that  in  past  years  it  has  been 
customary  to  post  the  notices  for  the  district  meet- 
ings in  the  post  office,  and  in  the  store  of  George  T. 
Cranston,  and  sometimes  in  the  schoolhouse,  and  that 
the  usual  hour  for  the  meeting  has  been  1\  o'clock. 

It  further  appears  from  the  records  of  the  district 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       161 

that  the  clerk,  Chas.  Stafford,  has  made  out  the 
records  of  the  meeting  from  the  minutes  taken  by 
Mr.  McDonald,  the  clerk  pro  tern.,  and  signed  them, 
first  with  McDonald's  name  and  then  with  his  own. 

It  also  appears  that  prior  to  1883,  it  was  the  custom 
of  the  district  to  elect  three  trustees,  but  that  year 
a  vote  was  passed  to  elect  but  one  trustee,  and  since 
that  time  at  each  annual  meeting,  without  any  vote 
upon  the  question,  a  single  trustee  has  been  chosen. 

After  a  consideration  of  the  above  facts,  with  the 
law  involved  in  this  case,  I  am  of  the  opinion  that 
the  appeal  is  not  sustained  for  the  following  reasons: 

First.  The  first  question  to  ask  about  any  meeting 
whose  legality  is  questioned  is  as  to  its  warrant  or 
notice.  In  this  case  we  find  that  the  number  of  no- 
tices was  one  in  excess  of  the  number  required  and 
that  they  were  in  proper  form.  The  only  question  is 
as  to  whether  they  were  posted  in  such  public  places 
as  the  law  contemplates.  As  to  the  town  clerk's 
office,  there  can  be  no  question  it  would  seem ;  it  may 
not  be  as  public  as  the  post  office,  but  still  it  would 
naturally  be  called,  I  think,  a  "public  place"  for  such 
&  purpose  as  this. 

A  second  one  was  posted  in  one  of  the  principal 
stores  of  the  village,  but  in  a  different  one  from  that 
where  it  has  been  the  practice  to  post  it.  So  far  as  I 
can  see  one  place  is  just  as  public  as  the  other,  the 
only  difference  being  that  probably  each  place  was  a 
centre  of  resort  for  different  bodies  or  sets  of  persons, 
and  in  case  it  was  posted  in  either  one  the  party  rep- 
resented by  the  other  might  complain,  provided  there 
was  a  just  ground  of  complaint ;  but  I  hardly  think 
there  was.  The  third  notice  was  at  a  railroad  station 
in  a  different  part  of  the  district,  which  is  of  course  a 

14* 


162  SCHOOL  MANUAL. 

""  public  place,"  and  while  it  was  not  where  the  ma- 
jority of  the  district  would  see  it  or  know  of  it,  it  cer- 
tainly did  give  a  section  of  the  district  notice,  that 
otherwise  would  have  had  no  probable  opportunity 
of  knowing  of  the  meeting.  In  view  of  all  these 
facts  I  fail  to  see  wherein  the  notice  of  this  meeting 
was  not  strictly  legal  in  form.  If  we  raise  the  ques- 
tion of  the  spirit  of  the  proceedings  it  is  incumbent 
on  the  appellant  to  show  that  the  proceedings  were 
actually  or  presumably  so  affected  by  the  question- 
able acts  as  to  prevent  a  fair  expression  of  the  will 
of  the  people,  that  they  exercised  a  controlling  in- 
fluence in  securing  the  result  appealed  from. 

The  two  points  presented  by  the  appellants  in  this 
-connection  are  the  places  where  the  notices  were 
posted  and  the  hour  of  the  meeting.  It  may  be  said 
that  such  deviations  from  the  usual  practice  of  a  corn- 
fin  unity  are  not  wise,  and  certainly  lay  a  person  open 
!to  suspicion,  and  had  the  attendance  at  the  meeting 
foeen  unusualty  small  so  that  it  was  clear  that  a  full 
"  notice "  had  not  been  given,  that  the  district  had 
been  trapped,  then  there  would  undoubtedly  have 
been  sufficient  cause  for  overthrowing  the  proceedings. 
But  the  fact  is  that  instead  of  being  a  small  meeting 
it  was  one  of  the  largest,  if  not  the  largest  meeting, 
•ever  gathered  in  the  district.  That  being  the  case  it 
is  difficult  to  see  how  the  points  complained  of  could 
liave  worked  to  the  injury  of  the  district  and  hence 
I  do  not  believe  that  the}7  constitute  a  sufficient 
ground  upon  which  to  vitiate  the  proceedings  depen- 
dent upon  them. 

Second.  As  to  the  point  that  there  was  no  deci- 
.sion  by  the  district  of  the  question  whether  they 
would  elect  one  or  three  trustees,  prior  to  the  election, 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      163 

and  hence  that  the  election  was  void,  I  would  say 
that  the  law  does  not  make  such  a  requirement.  In 
the  School  Manual,  among  the  remarks  given  for  the 
guidance  and  assistance  of  school  meetings  and 
school  officers,  it  is  stated  that  "  the  decision  as  to 
one  or  three  must  be  made  before  the  election  of 
any."  This  it  is  clear  cannot  have  the  force  of  the 
statute  law.  It  is  given,  like  many  other  of  the  direc- 
tions, to  point  out,  as  nearly  as  possible,  the  abso- 
lutely safe  way  of  procedure,  but  absolute  compliance 
therewith  cannot  be  exacted  as  in  case  of  specific  re- 
quirements of  the  law.  If  in  this  case  the  advice  of 
the  manual  had  been  followed,  this  question  at  least 
could  not  have  arisen.  The  question  is  now,  is  such 
a  specific  vote  or  decision  an  absolute  requirement  of 
the  statute  ?  It  certainly  is  not  required  in  specific 
terms.  If  required  then  at  all  it  must  be  by  infer- 
ence, and  in  such  a  way  as  to  make  it  impossible  with- 
out it  to  carry  out  the  intent  of  the  law.  If  a  district 
wishes  to  have  three  trustees,  it  is  quite  clear  that  it 
must  so  express  itself  at  the  beginning,  in  order  that 
the  electors  may  have  the  fact  in  mind  in  their  elec- 
tion; and,  as  has  been  decided,  when  a  district  has 
elected  one  trustee,  it  cannot  then  decide  to  have 
three,  and  elect  two  more. 

But  where  the  desire  or  intent  is  to  have  but  one 
trustee;  it  is  the  almost  universal  practice  to  proceed 
directly  to  the  election  of  trustee,  and  one  trustee  is 
elected. 

The  question  at  once  arises  whether  the  nomina- 
tion of  a  single  person  for  trustee  for  the  ensuing 
year  and  his  election  do  not  determine  for  all  the 
purposes  required  that  but  one  trustee  shall  be  elected 
for  that  year.  I  certainly  think  so,  and  especially  is 


164  SCHOOL   MANUAL. 

this  true  in  case  of  a  district  which,  like  the  present 
o  ne,  has  taken  a  definite  vote  at  some  previous  meet- 
ing upon  this  question  and  since  that  time  has  acted 
uniformly  in  accordance  therewith. 

Third.  We  now  come  to  the  question  of  the  clerk 
and  the  validity  of  his  records.  There  can  be  no 
question  as  to  his  ineligibility'. 

It  has  always  been  held  that  all  scliool  district 
officers  must  be  qualified  voters.  Does  the  fact  then 
of  his  ineligibility  render  void  his  acts  as  clerk  ? 
By  reference  to  a  decision  made  in  1864  by  School 
Commissioner  Chapin  and  approved  by  Chief  Justice 
Ames,  it  wrill  be  seen  that  in  a  similar  case  the  office 
was  considered  as  voidable  only  and  not  void  ;  that 
the  officer  had  a  title  to  his  office  by  color  of  election 
and  that  until  his  title  was  questioned  his  acts  were 
valid.  Moreover  in  this  case,  where  the  records  have 
been  accepted  and  certified  to  by  the  regular  clerk,  it 
would  seem  that  they  must  be  regarded  as  valid  and 
binding  beyond  all  question. 

In  view,  therefore,  of  the  aforesaid  facts  and  rea- 
sons, I  do  decide  that  the  annual  school  meeting  of 
districts  3  and  4  of  North  Kingstown,  held  April  18, 
1887,  was  a  legal  meeting  and  that  its  proceedings 
were  valid  and  binding  in  law  and  that  therefore  this 
.appeal  should  be  dismissed. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 
1887. 
Approved,  CHARLES  MATTESON,  A.  J.  S.  C. 

See  No.  14. 
See  No.  45. 
See  No.  58. 
.See  No.  63. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       165 


DECISION  No.  32. 

Benjamin  C.  Seabury,  Collector  of  Taxes,  vs.  Edward 
W.  Rowland. 


The  object  of  a  school  district 
meeting  must  be  stated  in  the 
notice  of  a  special  meeting,  but 
need  not  be  stated  in  the  notice 
of  the  statutory  annual  meet- 
ing. 

Records  of  district  meetings 
should  state  that  the  meeting 
"has  been  duly  or  legally  noti- 
fied," in  order  to  be  prima  facie 
evidence  of  the  fact. 

Under  Pub.  Stat.  R.  I.  cap  51,  §  4, 
the  amount  of  a  school  district 
tax  may  be  approved  by  the 


school  committee  after  the  dis- 
trict has  voted  it,  as  well  as  be- 
fore. 

Objections  to  a  district  tax  must 
be  raised  on  an  appeal  to  the 
commissioner  of  public;  schools, 
before  being  carried  into  court. 

Notice  of  a  special  meeting  to 
take  "action  in  regard  to  the 
collection  of  the  tax  already 
assessed"  was  sufficiently  ex- 
plicit to  warrant  the  election 
of  a  collector. 


This  is  an  action  brought  by  the  plaintiff,  as  col- 
lector of  taxes  of  school  district  No.  3  of  Little 
Compton,  to  recover  a  tax  of  $327.17  assessed  for  the 
district  against  the  defendant.  The  action  was 
brought  in  the  Court  of  Common  Pleas,  and  there 
tried  to  the  court,  jury  trial  being  waived.  At  the 
trial  the  plaintiff  put  in  evidence  the  records  of  dis- 
trict meetings  held  April  23,  1885,  at  which  the  tax 
was  voted,  and  August  25,  1885,  and  by  adjournment 
September  4,  1885,  at  which  latter  meeting  the  plain- 
tiff was  appointed  collector  ;  also  the  notices  under 
which  said  meetings  were  held.  The  plaintiff  further 
put  in  evidence  the  record  of  a  meeting  of  the  school 
committee  of  the  town  of  Little  Compton,  at  which 
the  tax  voted  by  the  district  was  approved  by  the 
committee;  and  also  a  record  of  assessment  by  the  as- 
sessors of  taxes  showing  the  amounts  assessed  against 
the  defendant  and  others.  The  plaintiff  also  submit- 


166  SCHOOL  MANUAL. 

ted  oral  testimony  to  show  that  the  notices  were 
.given  by  the  assessors  of  the  assessments,  and  when 
and  how  they  were  given,  and  for  other  purposes. 
The  defendant  admitted  that  notices  of  the  district 
meetings  of  April  23,  August  25,  and  September  4  were 
posted  in  due  time,  and  at  the  same  places  as  the  as- 
.sessors'  notices  were  posted.  The  defendant  did  not 
offer  any  testimony,  but  at  the  conclusion  of  the 
plaintiff's  testimony  asked  the  court  to  rule  that  the 
plaintiff  was  not  entitled  to  recover,  and  to  enter 
judgment  for  the  defendant,  because,  besides  other 
reasons  specifically  alleged,  the  evidence  failed  to 
.show  any  legal  tax  in  the  district,  or  any  cause  of 
.action  against  the  defendant.  The  court  refused  so 
to  rule,  and  entered  judgment  for  the  plaintiff.  The 
•defendant  excepted. 

The  notice  under  which  the  meeting  of  April  23 
was  held  stated  that  one  of  the  objects  of  the  meet- 
ing was  "to  decide  what  amount  of  money  shall  be 
raised  by  tax,"  but  nothing  more  in  regard  to  the  tax. 
The  defendant  objects  that  the  notice  was  defective, 
because  it  did  not  state  what  the  tax  was  for.  We 
'do  not  think  the  objection  is  valid.  The  record  shows 
that  the  meeting  was  an  annual  meeting,  which  is  by 
statute  a  meeting  held  every  year,  in  April,  "  for 
choice  of  officers  and  for  the  transaction  of  any  other 
business  relating  to  schools,"  of  which  no  other 
notice  is  required  than  notice  "of  the  time  and  place." 
It  is  only  when  the  meeting  is  special  that  "  the  ob- 
ject" is  required  to  be  inserted  in  the  notice.  Pub. 
Stat.  R.  I.  cap.  52,  §§  2,  5. 

The  records  of  the  district  meetings  of  April  23 
.and  August  25  do  not  set  forth  how,  when,  and  where 
the  notices  of  the  meeting  were  given,  nor  that  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       167 

meetings  were  "  duly  or  legally  notified,"  which  the- 
statute  declares  shall  be  prima  facie  evidence  that 
notices  were  given  as  the  law  requires.  Pub.  Stat. 
R.  I.  cap.  58,  §  11.  The  records  simply  state  that  the 
meetings  were  held  "  according  to  notice." 

This  does  not  answer  the  requirement  of  the  statute. 
But,  as  is  before  stated,  the  defendant  admitted  that 
the  notices  were  posted  in  due  time,  and  at  the 
same  places  as  the  assessors'  notices.  The  oral  testi- 
mony goes  to  show  that  the  assessors'  notices  were- 
posted  in  three  places  in  the  district  which  were  as 
public  as  any  three  places  in  the  district,  to  wit,  one 
on  the  schoolhouse,  one  on  a  building  formerly  used 
as  a  grain  building,  and  the  third  on  a  board  six  feet 
long  and  ten  inches  wide,  fastened  in  or  against  the 
roadside  wall,  facing  the  road,  at  the  south  end  of 
the  district.  The  defendant  contends  that  the  third 
notice  was  not  posted  in  a  "  public  place"  within  the 
meaning  of  the  statute,  cap.  52,  §  5,  because  the  place 
was  not  safe  as  well  as  public,  inasmuch  as  the  board 
being  movable,  might  be  thrown  down  or  carried 
away,  so  that  the  notice  was  not  likely  to  remain  to 
be  read  for  five  days.  We  do  not  think  we  can  so 
decide  as  a  matter  of  law.  A  notice  so  posted  in  a 
quiet,  rural  district  would  seldom  be  disturbed. 

The  defendant  contends  that  the  tax  is  invalid  un- 
der Pub.  Stat,  R.  I.  cap.  51,  §  4,  because  it  was  voted 
April  23,  1885,  and  approved  by  the  school  commit- 
tee of  Little  Compton,  June  13,  1885,  whereas  the 
amount  should  have  been  approved  before  the  dis- 
trict voted  it.  Section  4  reads  as  follows,  to  wit:— 

"  Every  such  district  may  raise  money  by  tax  on- 
the  ratable  property  of  the  district,  to  support  pub- 
lic schools  and  to  cany  out  the  purposes  given  them 


168  SCHOOL  MANUAL. 

by  any  of  the  provisions  of  this  title  :  provided  that 
the  amount  of  the  tax  shall  be  approved  by  the 
school  committee  of  the  town." 

In  Holt's  Appeal,  5  R.  I.  G03,  decided  in  1858,  Chief 
Justice  Ames  expressed  the  opinion  that  the  section 
requires  that  the  amount  of  the  tax  "  shall  be  first 
approved  by  the  school  committee  as  a  condition  of 
the  right  to  raise  it.''  In  that  case,  however,  the 
amount  of  tax  had  been  increased  after  approval  be- 
fore it  was  voted,  and  as  increased  it  had  never  been 
approved.  The  commissioner  decided  that  it  was  in- 
valid because  as  increased  it  had  never  been  ap- 
proved. The  question  on  appeal  was  whether  the 
decision  of  the  commissioner  was  correct,  and  Chief 
Justice  Ames,  in  expressing  the  opinion  aforesaid, 
went  farther  than  he  needed  to  go.  We  are  informed 
by  the  school  commissioner  that  the  opinion  has  not 
been  followed,  but  that  it  has  been  the  general  prac- 
tice, both  before  and  since  the  opinion,  for  the  school 
committee  to  give  their  approval  after  the  tax  has 
been  voted.  It  will  be  observed  that  the  appeal  was 
not  to  the  Supreme  Court,  but  to  Chief  Justice  Ames 
as  a  single  justice,  and  it  is  therefore  not  entitled  to 
the  same  weight  as  if  it  were  the  considerate  judg- 
ment of  the  full  bench.  The  opinion  on  this  point 
was  given  without  reasons,  and  without  reference  to 
other  statutory  provisions  which  seem  to  imply  or  as- 
sume that  the  approval  may  follow  the  vote,  see  cap. 
54,  §  4,  and  cap.  58,  §  5,  and  apparently  a§  a  matter  of 
first  impression.  We  have  come  to  the  conclusion 
that  the  construction  which  has  prevailed  as  a  gen- 
eral practice  is  both  reasonable  and  natural  and  sup- 
ported by  other  provisions,  and  that  it  should  be  sus- 
tained. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       169 

We  do  not  think  the  objection  to  the  copy  of  the 
record  of  approval  because  not  duly  certified,  or  to 
the  sufficiency  of  the  vote  of  approval  as  too  indefinite, 
can  be  sustained.  The  certificate  appears  to  be  in 
due  form.  The  vote  of  approval  was  adopted  June 
13,  1885,  and  purports  to  approve  "the  tax  of  $750  on 
district  No.  3,"  and  $750  is  the  amount  of  the  tax 
voted  at  the  meeting  of  district  Xo.  3,  April  23,  1885. 

The  defendant  contends  that  the  tax  is  invalid 
because  it  does  not  appear  that  it  was  raised  for  the 
support  of  public  schools,  or  to  carry  out  the  powers 
given  the  district.  We  think  that  the  objection  can- 
not be  raised  in  this  proceeding,  but  that,  under  cap. 
58,  §  5,  the  defendant  having  omitted  to  appeal,  such 
an  objection  is  no  longer  open. 

The  meeting  of  August  25  was  a  special  meeting,, 
and  therefore  a  notice  of  the  object  of  it  was  neces- 
sary. The  notice  given  was  that  the  meeting  would 
be  held  for  "the  purpose  of  taking  action  in  regard 
to  the  collection  of  the  tax  already  assessed."  The 
defendant  contends  that  the  notice  was  too  inexplicit 
to  warrant  the  election  of  a  collector.  We  do  not 
think  so.  The  statute  provides  two  modes  for  the  col- 
lection of  a  tax.  The  district  can  either  commit  the 
collection  to  the  collector  of  the  town  taxes,  or  elect 
a  collector  of  its  own  as  it  shall  deem  best.  The 
notice  was  so  worded  as  to  enable  the  district  to  pro- 
ceed at  once  to  determine  the  mode,  and  adopt  the 
appropriate  measures  to  carry  it  into  effect.  Doubt- 
less the  notice  might  with  advantage  have  been  more 
explicit,  but  it  is  not  the  policy  of  the  law  to  be 
very  exacting  with  such  bodies.  The  language  used 
by  Chief  Justice  Parker  in  Welles  v.  Battelle,  31 
Mass.  477,  481,  is  particularly  apposite.  "  Too  much 

15 


170  SCHOOL  MANUAL. 

strictness  in  subjects  of  this  nature,"  lie  remarks, 
"would  throw  the  whole  body  politic  into  confusion, 
for  it  cannot  be  expected  that  in  all  the  corporations 
persons  will  be  every  year  selected  who  are  capable 
of  performing  their  duty  with  the  exactness  which 
would  be  useful  and  convenient." 

The  trustee  of  district  No.  3  had  authority,  in  our 
opinion,  to  issue  a  warrant  to  the  plaintiff  as  collector 
under  Pub.  Stat.  R.  I.  cap.  55,  §  4. 

Our  conclusion  is  that  no  error  in  law  is  shown  to 
exist  in  the  decision  of  the  court  below,  and  that  the 
exceptions  must  therefore  be  overruled,  and  the  judg- 
ment of  said  court  affirmed  with  costs  of  this  court. 

THOMAS  DURFEE,  C.  J.  S.  C. 

1887. 

See  No.  24. 


DECISION   No.  33. 

Special  Meeting  of   School    District  No.   5,    North 
Kingstown. 

A  call  for  the  purpose  of  considering  the  expediency  of  building  a  new 
schoolhouse,  or  of  enlarging  the  old  one,  will  warrant  action  deciding 
to  build  and  the  appointment  of  a  committee  to  carry  out  the  will  of 
the  district,  but  it  will  not  authorize  the  purchase  of  a  new  site,  or  the 
voting  of  a  tax. 

The  clerk's  record  of  the  proceedings  was  submit- 
ted and  agreed  to  by  all  parties  as  the  statement  of 
the  facts  in  the  case. 

From  said  record  it  appears  that,  pursuant  to  a  re- 
quest from  live  legal  voters  made  upon  the  trustee, 
he  called  a  special  meeting  of  the  district  on  Dec.  23, 
1887,  for  the  following  purpose,  to  wit :  "  for  the  pur- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       171 

pose  of  considering  the  expediency  of  building  a  new 
schoolhouse,  or  to  enlarge  the  present  one." 

A  somewhat  careful  analysis  of  the  proceedings  of 
the  district  up  to  the  present  time  divides  them  into 
three  groups;  one  pertaining  to  the  building  of  a  new 
schoolhouse,  another  to  the  purchase  of  a  new  site, 
and  the  third  to  the  assessment  and  collection  of  a 
tax. 

The  question  then  arises,  how  far  these  are  pro- 
vided for  by  the  notice  of  the  meeting  of  Dec.  23, 
1887,  which  constitutes  the  sole  warrant  for  all  of 
the  proceedings; — each  meeting  being  an  adjourn- 
ment of  its  predecessor. 

It  is  my  opinion  that  all  of  the  proceedings  relat- 
ing to  the  building  of  the  house  are  covered  by  the 
notice  and  are  therefore  legal  and  valid  ;  because  it 
is  very  evident  that  in  such  a  matter  the  crucial  test 
is  upon  the  question  of  building,  and  all  subsequent 
questions  are  mere  matters  of  detail;  and  to  allow 
that  a  meeting,  called  as  this  was  under  a  form  that 
has  been  in  vogue  ever  since  the  law  was  first  passed, 
could  vote  to  build  a  new  house,  but  could  not  vote 
to  appoint  a  committee  to  carry  out  that  vote,  would 
be  absurd. 

But  if  they  could  appoint  a  committee  to  carry  out 
that  vote,  of  course  they  could  retain  that  power  and 
exercise  it  themselves.  I  do  therefore  decide  that  all 
proceedings  and  votes  relating  simply  to  the  building 
of  the  new  schoolhouse  are  valid  and  binding. 

As  to  the  second  group  of  votes,  those  relating  to 
the  purchase  of  a  new  site,  I  am  of  the  opinion  that 
they  are  not  within  the  scope  of  the  call.  Certainly 
no  one  can  claim  that  the  question  of  building  a  new 
house  necessarily  involves  the  purchase  of  a  new 


172  SCHOOL  MANUAL. 

site.  Of  course  it  may  do  so,  but  I  do  not  think  un- 
der the  ordinary  rules  of  construction  it  could  be 
so  claimed.  It  is  really  a  very  different  question, 
and  one  on  which  parties,  who  were  perfectly  agreed 
as  to  building,  might  differ  widely.  But  even  if  the 
purchase  of  the  lot  could  be  considered  as  coming 
within  the  call,  I  do  not  think  it  could  possibly  carry 
with  it  the  power  to  authorize  the  treasurer  to  give 
the  note  of  the  district.  Such  an  act  as  that  must  be 
more  specifically  stated  in  the  call,  if  it  is  a  special 
meeting. 

As  to  the  third  group  of  votes  relating  to  the  tax 
and  the  collection  thereof,  there  is  no  question  as  to 
their  illegality  under  such  a  call.  A  vote  to  levy  a 
tax  is  legal  only  at  an  annual  meeting,  or  at  a  special 
meeting  when  the  subject  has  been  specifically  men- 
tioned in  the  call,  or  notice. 

I  do  therefore  declare  such  of  the  proceedings  and 
votes  of  said  meeting  of  Dec.  23,  1887,  and  its  several 
adjournments,  as  relate  to  the  purchase  of  a  new  site 
and  also  to  the  levying  and  collection  of  a  tax  to  be 
invalid,  and  hence  null  and  void. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1888. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       173 

DECISION   No.  34. 
Special  Meeting  of  District  No.  1,  Johnston. 

In  computing  time  back  from  a  |  3.    A   meeting    to   take    additional 
certain  date,  that  date  is  not  steps  in  carrying  out  a  previous 

counted,  but  the  day  of  posting  vote  of  a  district  does  not  re- 


or  serving  the  notice  is  counted. 
2.   In  reckoning  days  the  law  does  not 
regard  fractions  of  days. 


quire  the  previous  consent  of 
the  school  committee. 


In  the  matter  of  the  appeal  of  George  W.  White 
from  the  proceedings  of  a  special  meeting  of  school 
district  No.  1,  of  the  town  of  Johnston,  so  far  as  they 
relate  to  the  following  vote  then  and  there  passed, 
viz.,  "  Resolved,  That  the  treasurer  of  this  district 
be  and  hereby  is  authorized  to  hire  a  sum  of  money 
sufficient  to  grade  said  lot  and  to  build  and  furnish 
said  schoolhouse  in  accordance  with  the  foregoing- 
resolution,  provided  that  said  sum  of  money  shall 
not  exceed  ten  thousand  dollars,"  and  submitted  to 
me  for  my  decision  by  the  commissioner  of  public 
schools  upon  an  agreed  statement  of  facts  signed  by 
the  appellant,  the  treasurer  of  the  district,  and  the 
chairman  of  the  building  committee. 

I  am  of  the  opinion. 

First.  That  the  notice  given  was  ample  under  the 
law.  The  law  says  that  a  notice  for  a  meeting  must 
be  posted  "  for  five  days  before  holding  the  same." 

In  computing  time  back  from  a  certain  date,  that 
date  is  not  counted,  but  the  day  of  posting  or  serving 
the  notice  is  counted;  and  in  this  case,  excluding  the 
14th  day  of  November,  the  day  on  which  the  meeting- 
was  held,  we  have  five  days  from  the  13th  back  to 
the  9th,  the  day  on  which  the  notice  was  posted.  The 
law  does  not  regard  fractions  of  a  day  in  such  a  case. 

15* 


174  SCHOOL  MANUAL. 

Second.  As  to  the  point  that  the  object  of  the 
above  resolution  was  not  included  within  the  notice 
of  the  meeting,  it  is  clear  that  it  is  covered  by  the 
last  clause  in  the  notice,  to  wit,  "and  to  transact  any 
other  business  that  may  pertain  to  the  building  of 
said  schoolhouse." 

Third.  Upon  the  point  that  the  meeting  was 
"  illegal  because  it  was  called  without  the  consent 
of  the  school  committee,  as  provided  in  Public 
Laws,  cap.  445,  §  1,"  I  think  the  meeting  did  not 
come  under  the  operation  of  the  above  provision  of 
law.  The  meeting  held  Oct.  31,  1889,  was  for  the 
purpose  of  building  a  new  schoolhouse  and  appoint- 
ing a  building  committee.  This  meeting  was  called 
"  for  the  purpose  of  making  appropriations,  etc.,  of 
authorizing  the  building  committee  to  make  con- 
tracts and  to  transact  any  other  business  that  may 
pertain  to  the  building  of  said  schoolhouse."  I  do 
not  see  how  any  one  of  the  purposes  named  in  the 
last  notice  can  be  construed  to  mean  the  same  as 
either  of  those  named  in  the  first  call.  They  are  ad- 
ditional steps  in  the  carrying  out  of  the  decision  of 
the  district  as  made  at  the  first  meeting,  and  in  no 
way  conflict  with  said  decision.  It  is  very  clear  that 
at  said  second  meeting  it  would  have  been  impossi- 
ble for  the  district  to  have  rescinded  either  of  the  votes 
of  the  first  meeting,  or  in  any  way  to  have  interfered 
with  them,  for  they  were  in  no  way  included  within 
the  scope  of  the  second  notice. 

In  view  of  the  above  reasons  the  appeal  is  dis- 
missed. 

CHARLES  MATTESON,  A.  J.  S.  C. 

1890. 

See  No.  43. 
See  No.  65. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       175 


DECISION  No.  35. 

Annual  Meeting  of  Joint  School  District  No.  13  of 
Lincoln  and  No.  15  of  Cumberland. 

Refusal  of  moderator  to  allow  a  record  vote  as  provided  by  statute,  and 
other  informalities  of  proceedings,  sufficient  reason  for  rendering  in- 
valid entire  proceedings  of  meeting. 

It  appears  from  the  testimony  that  the  meeting 
was  properly  notified,  and  called  to  order  by  Mr. 
Gregory,  the  moderator  elected  at  the  meeting  in 
1890.  The  records  of  the  last  meeting  were  read  and 
approved,  reports  were  made  by  the  treasurer  and 
the  trustees  for  the  past  year,  and  received.  The 
meeting  then  proceeded  to  the  election  of  officers  for 
the  year  ensuing,  beginning  with  the  moderator. 
Humphrey  Gregory  and  Michael  H.  McCarthy  were 
nominated  for  that  office.  Speeches  were  made  by 
the  two  candidates,  and  then  Mr.  Charles  H.  Collins, 
a  legal  voter  of  the  district,  requested  that  a  record 
vote  be  taken  upon  the  election  of  moderator.  The 
moderator,  Mr.  Gregory,  said  that  he  had  come  pre- 
pared to  rule  that  in  the  circumstances  he  should  not 
allow  a  record  vote. 

Immediately  after  this  decision  of  the  moderator 
a  motion  to  adjourn  the  meeting  was  made  and 
seconded  and  the  question  was  put  by  the  moderator 
and  declared  carried,  and  the  meeting  was  adjourned 
without  any  further  action. 

There  is  a  conflict  of  testimony  as  to  the  manner 
of  putting  the  motion  to  adjourn  ;  the  moderator, 
clerk,  and  some  others  declaring  that  a  call  was  made 
for  all  in  favor  to  say  "Aye,"  and  then  for  those  op- 


176  SCHOOL  MANUAL. 

posed  to  say  "No,"  and  that  the  ayes  had  it  by  an 
-overwhelming  majority.  On  the  contrary  the  ap- 
pellants testify  that,  although  they  were  in  some 
eases  within  a  few  feet  of  the  moderator,  they  heard 
no  call  for  the  "Noes,"  and  that  the  decision  in  favor 
of  adjournment  was  made  immediately  upon  the  re- 
sponse to  the  call  for  the  "Ayes." 

While  it  is  difficult  to  believe  that  the  officers  of 
the  meeting  would  deliberately  misstate  the  facts  it 
is  clear  that  the  call  for  the  "Noes"  must  have  been 
made  in  a  very  hurried  and  indistinct  manner,  for  we 
have  the  testimony  of  Mr.  George  Farnell,  a  stenog- 
rapher, who  was  present  and  took  down  the  entire 
proceedings,  and  who  sat  within  five  feet  of  the 
moderator,  to  the  effect  that  he  heard  no  call  for  the 
"Noes"  whatever. 

It  is  my  opinion,  therefore,  that  the  question  was 
not  put  before  the  meeting  in  such  a  way  as  to  give 
the  opponents  of  the  motion  "to  adjourn"  a  proper 
opportunity  to  express  their  opinion. 

It  also  appeared  that  quite  a  number  of  persons 
must  have  been  present  at  the  meeting  who  were  not 
voters. 

In  view,  therefore,  of  the  facts,  viz. :  that  the  meet- 
ing was  composed  of  both  voters  and  non-voters, 
and  that  thereby  the  decision  of  any  question  bjr  a 
rira  voce  vote  must  be  very  unreliable  ;  that  at  the 
very  beginning  of  the  business  of  election  of  officers 
the  moderator  declared  his  positive  purpose  not  to 
allow  a  record  vote,  so-called,  to  be  taken,  as  pro- 
vided for  by  section  7,  chapter  52,  of  the  Public 
Statutes  ;  and  that  the  motion  to  adjourn  was  so  put 
that  the  opponents  of  the  motion  did  not,  and  follow- 
ing the  previous  decision  of  the  moderator  could  not, 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       177 

have  a  fair  and  just  opportunity  to  express  their 
opinion: — 

I  do  give  my  opinion  that  the  aforesaid  annual 
meeting  of  joint  school  district  No.  13  of  Lincoln 
and  No.  15  of  Cumberland,  held  April  27,  1891,  was 
not  lawfully  conducted,  and  that  in  consequence 
thereof  its  proceedings  are  null  and  void,  and  that 
the  trustees  of  said  district  should  at  once  issue  a 
call  for  a  special  meeting  for  the  election  of  officers 
for  the  current  school  year. 


THOMAS  B.  STOCKWELL,  0.  P.  S. 


1891. 

See  No.  30. 
See  No.  36. 


DECISION  No.  36. 

Annual  Meeting  Joint  School  District  No.  7  of  Rich- 
mond and  No.  13  of  Hopkinton. 


A  record  vote  to  comply  with 
statute  must  include  not  only 
names  of  persons  voting,  but 
how  they  vote. 


Record  vote  may  be  demanded  on 
election  of  officers  as  well  as 
upon  any  other  question. 


From  the  records  of  the  district  it  appears  that  the 
meeting  was  duly  notified  and  held  according  to  no- 
tice; that  in  the  course  of  the  proceedings,  when  they 
came  to  the  election  of  trustee,  it  was  voted  to  have 
one  trustee,  and  Charles  H.  Brown  and  Albert  L. 
Niles  were  duly  nominated  and  seconded.  Win.  F. 
Segar  then,  before  any  balloting  or  voting  of  any 
kind  had  begun,  demanded  a  record  vote  according 
to  the  provisions  of  §  7,  cap.  52,  of  the  Public 
Statutes. 


178  SCHOOL  MANUAL. 

The  moderator  thereupon  directed  the  clerk  to  re- 
cord the  names  of  the  persons  who  voted,  but  not  on 
which  side  of  the  question,  or  for  which  party.  The 
clerk  accordingly  proceeded  to  so  record  the  names 
of  all  persons  who  voted,  thirty-one  (31)  in  all,  but 
did  not  make  any  record  of  how  they  voted.  The 
ballot  resulted  as  follows: — Whole  number  cast,  31; 
for  Chas.  H.  Brown,  21  ;  for  Albert  L.  Niles,  9  ;  and 
for  George  Langworthy,  1;  and  Chas.  H.  Brown  was 
declared  elected  trustee. 

Mr.  Segar  at  once  publicly  in  the  meeting  announced 
his  purpose  to  test  the  legality  of  the  election  of  Mr. 
Brown,  upon  the  ground  that  the  provisions  of  §  7, 
cap.  52,  of  the  Public  Statutes  had  not  been  complied 
with.  Subsequently  the  appellant  served  a  written 
notice  upon  both  the  trustee-elect,  Mr.  Brown,  and 
the  moderator,  Mr.  Fuller. 

It  was  claimed  by  Mr.  Fuller,  that  §  7,  cap.  52,  did 
not  require  a  record  of  howr  each  voter  voted,  except 
upon  questions  of  taxation;  that  the  election  of  offi- 
cers was  not  included  within  the  provisions  of  the  sec- 
tion, and  that  a  record  of  the  names  of  the  voters  was 
enough  to  comply  with  the  law;  that  to  call  upon  a 
voter  to  announce  the  name  of  the  party  for  whom 
he  voted  was  an  infringement  upon  the  rights  of  the 
citizen. 

The  appellant  held  that  the  language  of  the  statute 
was  explicit  and  unmistakable  in  its  terms,  and  that 
it  recognized  no  distinction  between  the  different 
kinds  of  "questions"  which  might  come  before  a 
meeting  to  decide  ;  that  the  statute  was  not  complied 
with  unless  the  records  showed  for  whom,  or  on  which 
side  of  the  question,  the  voter  voted. 

In  this  case  there  is  no  dispute  as  to  the  main  facts 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       179 

as  they  are  set  forth  in  the  attested  records  of  the 
meeting-.  The  only  dispute  is  over  the  meaning  of 
£  7,  cap.  52,  of  the  Public  Statutes,  and  practically 
over  the  word  "question."  Does  that  word  include 
every  form  of  question  which  may  come  before  a 
school  district  meeting,  or  is  it  restricted  to  a  particu- 
lar class  of  questions  ? 

The  significance  of  this  section  may  be  understood 
better  by  reference  to  the  section  immediately  pre- 
ceding, that  relating  to  the  rights  of  voters  in  dis- 
trict meetings.  From  that  section,  as  interpreted 
throughout  the  history  of  the  school  law,  we  see  that 
any  man  may  vote  at  a  school  district  meeting  who 
has  at  that  time  the  necessary  qualifications  for 
voting  in  the  town  ;  that  is,  who  would  be  entitled  to 
be  placed  upon  a  voting  list,  provided  the  board  of 
canvassers  were  to  meet  on  that  day.  This  renders  it 
impossible  to  provide  any  check  list  or  other  guide  for 
the  use  of  a  moderator  in  receiving  votes,  but  prac- 
tically throws  the  door  quite  wide  open. 

Xow  for  the  protection  of  the  district  and  the  legal 
voters  thereof  this  section  7  was  inserted,  because  un- 
der its  provisions  any  voter  can  secure  such  a  record 
of  any  vote  taken  by  the  district  as  shall  enable  him 
to  contest  its  legality,  if  he  has  reason  to  think  it  was 
carried  by  illegal  votes;  since  on  appeal  the  right  of 
each  and  every  voter  can  be  legally  tested  and  deter- 
mined, and  the  fact  established  whether  or  not  the 
matter  in  question  was  carried  by  illegal  votes. 

With  the  law  as  it  is  with  reference  to  the  right  to 
vote,  I  do  not  see  how  else  than  by  such  a  provision  as 
this  of  section  7  it  is  possible  to  protect  the  legal  vot- 
ers against  illegal  voting.  Xo  more  do  I  see  how  the 
election  of  officers  is  any  the  less  worthy  of  protection 


180  SCHOOL  MANUAL. 

than  the  assessing  of  taxes  or  the  voting  of  repairs 
upon  the  schoolhouse.  Indeed  the  former  may  often 
be  the  more  important  action  to  be  taken  by  the  dis- 
trict. 

That  this  section  7,  as  it  has  been  interpreted,  in- 
fringes upon  any  rights  of  the  voter  I  do  not  believe, 
because  the  "rights"  of  voters  are  denned  by  the  con- 
stitution, and  it  nowhere  specifies  the  right  of  a 
secret  ballot.  On  the  other  hand,  the  constitution 
expressly  gives  to  the  general  assembly  the  power  to 
prescribe  the  manner  of  conducting  elections.  Art. 
II,  §  6. 

Under  that  authority  the  State  has  from  time  to 
time  prescribed  various  forms  and  methods  of  voting; 
— sometimes  tending  to  the  most  open  forms,  and 
again  in  the  direction  of  the  secret  ballot.  The  pro- 
visions referred  to  by  the  respondent  are  rendered 
obsolete  by  the  new  system  of  voting  adopted  two 
years  ago.  But  previous  to  that  time  there  was  no 
uniformity  in  the  matter,  for  while  §  11,  cap.  10,  pro- 
vided that  the  voter  for  certain  officers  might  use  an 
envelope  or  not  at  his  option,  §  17,  cap.  37,  expressly 
provides  that  in  voting  for  mayor  and  other  city  offi- 
cers no  envelope  shall  be  used.  The  method  pre- 
scribed by  this  §  7,  cap.  52,  for  voting  is  not  only 
within  the  limits  of  the  power  lodged  with  the  Gen- 
eral Assembly,  but  it  is  perfectly  reasonable  and 
just,  being  as  it  is,  the  only  defence  against  illegal 
voting. 

It  is,  therefore,  my  opinion  that  owing  to  the  failure 
of  the  clerk,  under  the  direction  of  the  moderator,  to 
record,  as  requested  by  the  appellant,  the  names  of 
each  voter  and  on  which  side  of  the  question,  or  for 
which  person,  he  voted,  the  election  of  Chas.  IT. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       181 

Brown  as  trustee  of  said  joint  district,  No.  7  of  Rich- 
mond and  No.  13  of  Hopkinton,  was  illegal  and  hence 
null  and  void,  and  I  do  hereby  declare  the  office  of 
trustee  for  said  joint  district  in  consequence  thereof 
to  be  vacant. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1893. 

Approved.  CHARLES  MATTESON,  C.  J.  S.  C. 

See  No.  30. 
See  No.  35. 


DECISION   No.  37. 
In  re  Plurality  Amendment  to  the  Constitution. 

The  plurality  amendment  to  the  Constitution  does  not  apply  to  elections  in 
school  districts. 

I  am  of  the  opinion  that  the  word  "district"  as  used 
in  the  amendment  to  the  Constitution  relates  only  to 
voting  districts  and  does  not  include  school  districts. 

This  beino;  so,  I  am  further  of  the  opinion  that  the 
amendment  does  not  apply  to  the  election  of  officers 
for  school  districts  of  the  state,  and  that,  conse- 
quently, at  such  elections  a  majority  of  the  votes 
cast  is  still  necessary  to  an  election,  as  it  was  before 
the  adoption  of  the  amendment  in  question. 

CHARLES  MATTESON,  C.  J.  S.  C. 

1894. 


182  SCHOOL  MANUAL. 


DECISION  No.  38. 

Joint    District  No.   13  of  Lincoln  and  No.    15  of 
Cumberland. 

A  joint  district  is  dissolved  by  the  action  of  either  town  in  abolishing  its 
school  districts. 

STATEMENT   TO   THE   COURT. 

At  some  time  prior  to  1890,  by  the  concurrent 
votes  of  the  school  committees  of  the  towns  of  Lin- 
coln and  Cumberland,  a  joint  school  district  was 
formed  at  the  village  of  Berkelej^  comprising  terri- 
tory in  both  towns. 

The  town  of  Lincoln  at  its  April  town  meeting, 
1891,  voted  to  abolish  the  school  districts  therein  ; 
and  since  that  time  the  schools  of  said  town  have 
been  carried  on  lay  the  school  committee. 

The  schoolhouse'is  located  in  the  town  of  Cumber- 
land, and  the  said  town  of  Cumberland  still  retains  its 
school  districts. 

The  question  now  arises  whether  voters  residing  in 
that  part  of  the  town  of  Lincoln  which  was  included 
within  the  joint  district  as  above  established  have 
the  right  to  vote  now  in  any  district  meeting  which 
may  be  held  in  the  Cumberland  district ;  or  in  other 
words  was  the  joint  district  dissolved  by  the  action 
of  the  town  of  Lincoln  in  town  meeting,  or  does  the 
joint  district  continue  to  exist  until  it  is  dissolved  by 
the  concurrent  acts  of  the  two  school  committees. 

OPINION. 

I  have  to  say  that  as  the  joint  school  district 
formed  at  Berkeley  was  composed  in  part  of  territory 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       183 

embraced  in  a  school  district  or  districts  in  the  town 
of  Lincoln,  it  necessarily  follows  that  the  joint  dis- 
trict ceased  to  exist  when  any  of  the  districts  which 
went  to  make  it  up  ceased  to  exist. 

I  am  of  the  opinion,  therefore,  that  the  joint  dis- 
trict referred  to  was  dissolved  by  the  vote  of  the 
town  of  Lincoln,  at  its  April  town  meeting,  1891,  to 
abolish  the  school  districts  in  that  town  ;  and,  conse- 
quently, that  voters  residing  in  that  part  of  Lincoln 
included  in  said  joint  district  as  established  prior  to 
said  vote  have  now  no  right  to  vote  in  any  district 
meeting  held  in  the  Cumberland  district  which  formed 
part  of  the  joint  district  prior  to  its  dissolution. 

CHARLES  MATTESON,  C.  J.  S.  C. 

1894. 

See  No.  75. 


DECISION   No.  39. 

Annual   Meeting  of  School   District  No.    6,  North 
Smithfield. 


Moderator  must  vote  before  the 


is  retained  until  there  is  evi- 


poll  is  closed.  He  has  no  "cast-  dent  intention,  through  word 

ing  vote."  or  deed,  to  change. 

2.  The  clerk  should  record  proceed-  4.  A  recognized  resident  of  a  town 

ings  as  declared  by  the  mode-  divided  into  school  districts 

rator.  must  have  a  residence  in  one 

S.    A  legal  residence  once  acquired  of  the  districts. 

The  records  wrere  presented  by  the  clerk  from 
which  it  appeared  that  on  the  vote  for  trustee  six 
(6)  votes  were  for  G.  P.  Lovell,  the  trustee  of  1893, 
and  five  (5)  votes  for  Fred  M.  Carpenter.  But  it  ap- 
pears from  the  unanimous  testimony  of  all  parties 


184  SCHOOL  MANUAL. 

present,  including  the  clerk  himself,  that  the  vote  as 
declared  by  the  moderator  was  a  tie  vote,  six  (<>) 
votes  for  each  candidate,  and  that  therefore  there  was 
no  election.  The  above  discrepancy  between  the  fact  s 
and  the  records  seems  to  have  grown  out  of  a  differ- 
ence of  opinion  among  the  voters  present  as  to  the 
right  of  the  moderator  to  vote.  He  voted  in  this  in- 
stance at  the  same  time  with  the  other  five  who  voted 
for  Mr.  Carpenter,  thus  making  six  (6)  votes ;  but  it 
was  claimed  upon  the  other  side  that  the  moderator 
had  no  right  to  vote  except  in  case  of  a  tie,  and  hence 
the  record  was  made  upon  that  basis. 

It  should  be  said  here,  that  it  is  the  duty  of  the 
clerk  to  record  the  proceedings  as  declared  by  the 
moderator.  If  they  are  wrong  there  is  a  legal  remedy. 
In  this  instance,  it  may  be  said  that  the  decision  of 
the  moderator  was  correct,  for  the  only  vote  which 
a  moderator  can  cast  is  that  which  he  casts  with  the 
other  voters  and  before  any  declaration  of  the  vote  is 
made.  The  moderator  of  a  school  district  meeting- 
has  no  "  casting  vote,"  as  it  is  called. 

It  was  claimed  in  the  appeal  that  the  meeting  was 
illegally  organized,  but  no  evidence  was  presented  to 
sustain  that  allegation,  and  I  see  nothing  in  the  pro- 
ceedings to  warrant  any  such  conclusion. 

Then  it  was  contended  that  two  of  the  voters  for 
Mr.  Lovell  were  not  legally  qualified  to  vote  for 
trustee  in  said  school  district  No.  (J,  and  hence  that 
their  votes  should  be  thrown  out,  which  would  make 
the  vote  stand  four  (4)  votes  for  Mr.  Lovell  and  six 
(6)  votes  for  Mr.  Carpenter,  and  would  give  the  elec- 
tion to  the  latter. 

The  two  persons  whose  votes  were  thus  contested 
were  Mr.  Joseph  Bouley  and  Mr.  Emor  Bartlett.  In 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       185 

the  case  of  Mr.  Bouley  it  was  claimed  that  though  he 
owned  a  house  and  land  in  the  district,  he  was  not 
a  resident,  having  moved  away  over  two  years  ago  to 
Woonsocket,  where  he  still  lives,  together  with  his 
wife.  It  was  shown  that  he  had  not  lived  in  his  house 
during  this  time  and  that  the  house  has  stood  empty 
for  nearly  the  whole  pericfd,  the  windows  being 
boarded  up.  But  upon  the  other  side  Mr.  Boule}7 
swears  that  he  has  always,  even  during  the  brief  time 
he  let  the  house,  retained  one  room  in  it  where  he 
has  a  bed  and  where  he  has  stayed  over  night  since 
he  went  to  Woonsocket;  that  he  visits  his  place  fre- 
quently during  the  year;  that  he  claims  North  Smith- 
field  as  the  town  of  his  residence,  based  upon  his 
ownership  of  this  real  estate  in  school  district  No.  6 ; 
that  he  has  exercised  the  right  of  voting  in  the  town 
of  North  Smithfield  upon  the  basis  of  that  same  real 
estate  ;  that  he  has  never  claimed  a  residence  or  at- 
tempted to  claim  or  to  gain  a  residence  in  Woon- 
socket or  in  any  other  place  ;  that  he  has  refused  to 
secure  a  residence  in  Woonsocket ;  that  he  has  never 
kept  house  in  Woonsocket  but  always  boarded  ;  that 
it  is  his  intention  to  maintain  his  residence  in  said 
school  district  No.  G,  of  said  town  of  North  Smith- 
field. 

In  the  case  of  Emor  Bartlett  it  was  shown  that  he 
is  a  single  man,  without  really  a  permanent  home  ; 
that  within  the  past  two  years  he  had  lived  in  at 
least  one  other  school  district  of  the  town  of  North 
Smithfield,  and  also  in  Lincoln  ;  that  upon  the  town 
clerk's  registry  of  voters  for  1894  he  was  put  down  as 
living  in  school  district  No.  10  ;  and  while  it  was  ad- 
mitted that  he  had  lived,  for  the  most  part  at  least, 
within  school  district  No.  6  for  the  past  six  months, 

16* 


186  SCHOOL  MANUAL. 

still  it  was  claimed  that  he  was  not  a  bona  fide  resi- 
dent of  the  district  and  hence  could  not  vote.  In  be- 
half of  Mr.  Bartlett  it  was  claimed  that  he  went  to 
work  for,  and  lived  with,  Mr.  Frederick  Ballou  about 
the  first  of  October,  1893,  and  that  he  had  lived  with 
him  ever  since;  that  he  has  no  other  home  or  resi- 
dence; that  he  is  now  and  has  been  a  registered  voter 
in  the  town  of  North  Smithfield  ;  that  the  location 
given  for  his  residence  was  kept  the  same  as  it  was 
last  year  through  his  carelessness  when  he  regis- 
tered ;  and  it  was  shown  that  since  he  registered  last 
year  he  had  surrendered  the  keys  to  the  house  he 
formerly  occupied  in  district  No.  10  to  the  owner 
thereof  and  that  another  party  had  occupied  it. 

It  is  my  opinion  that  judged  by  the  laws  and  cus- 
toms of  this  State  both  Joseph  Bouley  and  Emor 
Bartlett  were  residents,  in  the  eye  of  the  law,  of 
school  district  No.  6,  town  of  North  Smithfield,  on 
April  28,  1894,  and  hence  were  qualified  to  vote  for 
trustee  in  the  annual  meeting  of  said  school  dis- 
trict. 

The  case  of  Joseph  Bouley  is  not  unlike  that  of 
very  many  cases  which  exist  in  nearly  every  town 
in  the  State.  It  is  the  universal  rule  in  all  of  the 
cities  and  towns  after  a  man  has  once  acquired  a 
legal  residence,  to  allow  him  to  maintain  it  upon  his 
desire  to  do  so  expressly  stated,  and  the  maintenance 
therein  of  some  token  or  basis  of  a  domicile.  It  has 
always  been  held  by  the  courts  that,  after  a  man  had 
once  acquired  a  residence,  it  was  not  necessary  for 
him  to  maintain  his  home  there  in  order  to  retain  it, 
but  that  its  continuance  depended  upon  his  inten- 
tion not  to  change  it,  or  to  adopt  any  other.  Judged 
by  such  principles  it  is  clear  that  Mr.  Bouley  has 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       187 

never  lost   his   residence  in  North   Smithfield   and 
hence  in  school  district  No.  6. 

The  case  of  Mr.  Bartlett  is  different,  as  he  is  not  a 
real  estate  voter  and  is  a  single  man,  without  a  settled 
home.  But  there  is  no  question,  as  I  understand, 
about  the  justice  or  legality  of  his  registering  as  a 
legal  voter  within  the  town  of  North  Smithfield.  If 
he  is  a  legal  voter  in  said  town  he  must  have  a  resi- 
dence therein,  and  that  necesitates  a  residence  in 
some  school  district.  The  question  then  arises  in 
which  school  district  did  he  reside  on  the  28th  day 
of  April,  1894.  There  is  no  doubt  but  that  during  a 
portion  of  the  year  1893  he  lived,  or  made  his  head- 
quarters or  home,  in  a  house  situated  in  school  dis- 
trict No.  10  ;  that  since  October,  1893,  he  has  lived 
within  the  limits  of  school  district  No.  6.  Just  when 
he  maj7  be  said  to  have  legally  changed  his  residence 
it  is  difficult  to  say,  but  I  think  from  all  the  testi- 
mony given  that  it  is  clear  that  he  is  not  now,  and 
had  not  been  for  several  months  prior  to  April  28, 
1894,  entitled  to  claim  his  residence  in  district  No.  10; 
and  if  he  had  no  residence  there,  he  must  have 
secured  one  in  some  other  district,  and  the  only  one 
in  which  it  was  possible  for  him  to  have  secured  it  is 
district  No.  6,  within  whose  limits  he  has  had  his 
home  since  he  gave  up  the  one  in  district  No.  10;  and 
if  he  was  a  legal  resident  of  said  district  of  course  he 
had  the  right  to  vote  for  the  election  of  officers.  This 
is  the  more  clear  from  the  fact  that  it  has  been  de- 
cided that  no  specified  length  of  residence  in  a  dis- 
trict is  necessary  to  qualify  a  person  to  vote  therein. 
It  is  only  necessary  that  it  be  a  bona  fide  residence. 
In  this  case,  as  in  the  case  of  single  men  usually,  it 
is  not  easy  to  determine  what  the  person's  intention, 


188  SCHOOL  MANUAL. 

upon  which  so  much  depends,  is,  but  it  is  impossible 
to  see  any  other  residence  which  he  can  claim,  and  as 
he  must  have  one  somewhere  there  is  no  alternative 
but  to  declare  him  a  resident  of  district  No.  6. 

I  do  therefore  decide  that  the  votes  of  the  said 
Joseph  Bouley  and  Emor  Bartlett  were  lawfully  cast 
for  G.  P.  Lovell,  and  that,  as  declared  by  the  mode- 
rator, there  was  no  election  of  trustee ;  and  as  the 
meeting  adjourned  without  another  ballot  the  old 
trustee  holds  over  and  there  is  no  vacancy. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1894. 

See  No.  8. 
See  No.  23. 
See  No.  25. 
See  No.  23. 
See  No.  27, 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       189 


DISTRICT  TAXES. 


DECISION  No.  40. 

The  approval  by  the  committee  of  a  tax  legally 
voted  cannot  be  appealed  from. 

HENRY  BARNARD,  C.  P.  S. 

1844. 

Approved.  ELISHA  R.  POTTER,  C.  P.  S. 

1854. 

See  No.  54. 


DECISION  No.  41. 

Committee  may  rescind  their  approval  of  a  tax  be- 
fore contract  has  been  entered  into. 

ELISHA  R.  POTTER,  C.  P.  S. 

1853. 

See  No.  7. 


DECISION   No.  42. 

The  bondsmen  of  a  town  collector  are  not  liable 
for  his  acts  as  district  collector. 

ELISHA  R.  POTTER,  C.  P.  S. 

1854. 


190 


SCHOOL  MANUAL. 


DECISION    No.  43. 

School  District  No.  U,  Smith/field. 


Votes  as  to  times  for  assessing  or 
collecting  a  tax  are  directory 
merely  and  do  not  prevent 
the  action  being  taken  subse- 
quently. 

Real  and  personal  estates  must  be 


kept    separate   in   all    assess- 
ments of  taxes. 

3.  It  is  sufficient  if  a  tax  is  approved 
by  the  school  committee  be- 
fore the  warrant  for  collection 
is  issued. 


A  direction  to  assess  or  collect  a  tax  within  a  speci- 
fied time  is  directory  merely,  and  if,  by  accident  or 
otherwise,  it  is  not  done  within  the  time  fixed,  it  may 
be  done  within  a  reasonable  and  convenient  time 
afterwards. 

The  law  positively  requires  real  and  personal  estate 
to  be  assessed  in  separate  columns,  and  any  assess- 
ment made  otherwise  is  illegal. 

Although  it  is  prudent  to  procure  a  tax  to  be  ap- 
proved by  the  school  committee  before  any  proceed- 
ing's are  had  under  the  vote,  yet  it  is  sufficient  if  the 
tax  be  approved  before  the  warrant  is  issued  to  col- 
lect it. 


Approved. 
1854. 


ELISHA  R.  POTTER,  C.  P.  S. 
RICHARD  W.  GREENE,  C.  J.  S.  C. 


See  No.  34. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       191 

DECISION  No.  44. 

School  District  No.  7,  Scituate. 

A  district  tax  cannot  be  paid  to  any  other  person  than  the  collector. 

Where  Y's  land  had  been  levied  upon  and  sold  by 
a  tax  collector  for  nonpayment  of  a  school^ district 
tax,  and  Y  brought  ejectment  against  the  purchaser, 
alleging  and  offering  to  show  that  prior  to  the  levy 
and  sale  he  had  paid  his  tax  to  the  treasurer  of  the 
district.  Held  that  the  evidence  to  this  effect  was  in- 
admissible; that  the  tax  collector  is  the  only  officer 
authorized  to  collect  a  tax  assessed  by  a  town  or  school 
district ;  and  that  the  levy  and  sale  was  valid. 

It  is  by  law  made  the  duty  of  the  district  collector 
to  collect  the  tax  and  pay  it  over  to  the  treasurer  or 
his  successor  in  office.  To  him  is  delivered  the  tax 
bill  and  warrant  for  that  purpose.  He  gives  bond  for 
the  proper  performance  of  that  duty  if  a  bond  is  re- 
quired, and  is  entitled  to  the  commission  provided  by 
law  for  his  services  in  collecting  the  tax.  He  must 
collect  the  tax  and  pay  it  over  to  the  treasurer  within 
the  time  specified  in  his  warrant.  If  he  fails  to  do 
this  he  may  be  sued  or  prosecuted  for  his  default. 
The  treasurer  has  no  authority  to  collect  the  tax;  but 
only  to  receive  it  of  the  collector  when  collected,  and 
disburse  it  according  to  law.  He  does  not  have  the 
tax  bill  for  the  purpose;  and  payment  to  him  is  no 
more  a  legal  payment  than  it  would  be  if  made  to  any 
other  officer  of  the  district,  who  is  not  authorized  by 
law  to  collect  the  tax. 

ALFRED  BOSWORTH,  A.  J.  S.  C. 

1855. 

See  No.  50. 


192 


SCHOOL  MANUAL. 


DECISION  No.  45. 

Case  of  Edward  S.   Wilkinson,  guardian,  in  appeal 
from,  tax  in  District  No.  1,  North  Providence. 


1.  Imperfection  of  a  district  clerk's 

record  does  not  render  invalid 
a  tax  properly  voted. 

2.  A  vote  to  assess  by  percentage  is 

not  illegal. 


The  assessment  of  a  tax  will  be 
legal  if  it  is  clear  to  whom  and 
on  what  property  it  is  as- 
sessed. 


Upon  the  facts  as  presented  and  after  considering 
the  arguments  of  the  parties,  arid  after  advising  with 
Judge  Brayton,  of  the  Supreme  Court,  the  commis- 
sioner is  of  opinion  that  the  imperfection  of  the  rec- 
ords of  the  clerk  will  not  affect  the  legality  of  the 
tax.  The  proceedings,  so  far  as  the  notice  of  the 
meeting  and  the  form  of  the  resolution  are  concerned, 
were  undoubtedly  legal  and  proper.  As  to  the  mode 
of  levying  the  tax  by  percentage  instead  of  by  spe- 
cific sum,  the  commissioner  is  not  aware  that  this  is 
contrary  to  the  school  law.  It  is  evident  that  the 
school  committee  might  approve  a  specific  sum  after 
the  tax  had  been  assessed  by  the  trustees;  and  as 
there  is  no  evidence  to  show  that  the  committee  did 
not  approve  some  specific  sum,  it  must  be  held  that 
the  failure  to  vote  a  specific  sum  does  not  render  the 
wrhole  tax  invalid.  Also  in  reference  to  the  assess- 
ment of  the  tax  to  Edward  S.  Wilkinson  for  Nathan 
Lazelle,  instead  of  to  Edward  S.  Wilkinson,  guardian 
for  Nathan  Lazelle,  since  it  was  shown  that  this  had 
been  the  mode  of  assessing  taxes  on  the  said  Nathan's 
personal  property  in  the  town  of  North  Providence, 
and  since  it  was  not  shown  that  the  said  Wilkinson 
had  ever  experienced  any  difficulty  in  the  settlement 
of  his  accounts  with  the  said  Nathan's  inheritance  be- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      193 

fore  the  court  of  probate,  the  commissioner  does  not 
deem  it  to  be  proper  for  him  to  interfere,  and  solely 
on  this  account  decree  a  forfeiture  of  the  tax  on  the 
part  of  the  district.  This  is  a  matter  of  technical  law 
and  he  does  not  therefore  attempt  to  settle  the  mean- 
ing and  usage  of  that  law.  It  is  deemed  just  and  best 
that  in  this  case  this  tax  should  follow  and  be  paid 
as  other  taxes  have  been  paid. 

ROBERT  ALLYN,  C.  P.  S. 

1856. 

See  No.  22. 

See  No.  58. 


DECISION  No.  46. 

School  District  No.  7,  Warwick. 

A  district  tax  can  be  confided  to  a  town  collector  when  there  is  a  district 
collector  duly  appointed  and  qualified. 

I  decide,  that,  according  to  the  37th  section  of  the 
act  relating  to  public  schools,  "Any  district  may  vote 
to  place  the  collection  of  any  tax  or  rate  bill  in  the 
hands  of  the  collector  of  town  taxes,"  notwithstand- 
ing there  be  a  district  collector;  and  I,  having  been 
satisfied  by  evidence  that  a  vote  to  that  effect  has 
been  passed  at  a  regular  district  meeting  of  school 
district  No.  7,  of  the  town  of  Warwick,  decide  that 
the  collection  of  the  tax  in  question  may  be  legally 
confided  to  the  collector  of  town  taxes  of  that  town. 

ROBERT  ALLYN,  C.  P.  S. 
1856. 
I  approve  of  the  above  decision. 

SAMUEL  AMES,  C.  J.  S.  C. 

17 


194  SCHOOL   MANUAL. 


DECISION  No.  47. 

Joseph  Crandall  vs.  Trustees  of  School  District  No.  2y 
Exeter. 


Where  land  lying  in  two  districts  is  assessed  in  one  parcel  by  town 
assessors,  trustees  of  a  school  district  have  no  ri^ht  to  assess  its  value, 
and  must  call  on  a  town  assessor. 


The  facts  as  ascertained  by  the  commissioner  are  as 
follows,  and  they  are  reported  to  Hon.  Chief  Justice 
Ames  for  his  opinion  on  them,  at  the  joint  request 
of  the  parties,  namely  : 

On  the  30th  day  of  August,  1856,  at  a  legal  meet- 
ing of  the  voters  of  school  district  No.  2,  town  of 
Exeter,  it  was  voted  to  assess  a  tax  of  $150  on  the 
ratable  property  of  the  district.  This  tax  was  as- 
sessed during  the  month  of  November,  1856  ;  and  on 
the  7th  of  February,  1857,  the  trustees  issued  a  war- 
rant to  collect  it. 

Among  the  persons  taxed  for  real  estate  was  Joseph 
Crandall,  who  is  owner  of  two  farms  in  Exeter,  one 
called  the  "  Rathbun  farm,"  lying  on  the  north  side 
of  the  so-called  "Ten-rod  road,"  the  other,  called  the 
"Hazard  farm,"  lying  adjacent  to  the  Rathbun  farm^ 
but  on  the  south  side  of  the  said  road.  This  road 
divides  the  two  districts  No.  1  and  No.  2, — the  latter 
being  on  the  north,  and  of  course  including  only  the 
Rathbun  farm.  It  appears  that  part  of  the  Hazard 
farm  adjacent  to  the  Rathbun  land  has  for  several 
years  been  rented  with  this  Rathbun  farm;  and  as 
the  tenant  was  to  pay  road  taxes,  it  has  been  by  the 
town  assessors  taxed  or  valued  in  the  same  parcel 
with  it. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       195 

The  tax  against  which  complaint  is  made  was  for 
this  parcel  of  land,  which  on  the  assessors'  book  for 
1855,  the  book  by  which  the  trustees  were  governed 
in  their  assessment,  was  called  the  "Rathbun  land," 
and  was  valued  at  $900  under  their  rules.  The  sum 
assessed  was  $12.30.  The  appellant  claims  that  this 
parcel  of  land,  so  valued  at  $900,  includes  a  part  of 
the  Hazard  farm,  lying  in  another  school  district,  and 
liable  to  a  tax  there ;  and  that  said  tax  cannot  be 
legal,  inasmuch  as  the  trustees  did  not  in  making  the 
assessment,  proceed  according  to  the  requirements  of 
section  45  of  the  act  relating  to  public  schools,  which 
declares  that,  in  case  of  property  lying  in  two  dis- 
tricts, and  having  no  separate  values  on  its  respec- 
tive parts,  the  trustees,  if  they  cannot  agree  with  the 
owners,  shall  call  on  a  town  assessor,  who  shall  assess 
the  value  of  the  property  so  situated. 

The  only  question,  then,  to  be  decided  is  a  question 
of  fact,  as  to  whether  the  parcel  of  land  named  in  the 
assessors'  tax  book  of  1855,  and  in  the  trustees'  war- 
rant called  the  "  Rathbun  land,"  is  situated  wholly 
within  the  boundaries  of  school  district  No.  2,  or 
partly  also  in  No.  1. 

From  the  testimony  the  commissioner  cannot 
doubt  that  the  aforenamed  sum  of  $900,  taxed  as  the 
value  of  the  "  Rathbun  land,"  does  include  the  value 
of  a  part  of  the  "  Hazard  farm,"  which  lies  without 
the  bounds  of  this  district  No.  2,  and  which,  in  his 
opinion,  ought  not  to  have  been  taxed. 

As  this  is  one  of  the  cases  specially  provided  for  in 
section  45,  above  referred  to,  in  which  a  town  assessor 
ought  to  have  been  called  in,  to  apportion  the  value 
of  the  land  thus  situated  in  two  adjoining  districts, 
and  as  the  tax  was  assessed  by  the  trustees  without 


196 


SCHOOL  MANUAL. 


the  assessor,  contrary  to  the  requirements  of  the 
statute,  the  commissioner  is  of  the  opinion  that  the 
tax  appealed  from  was  illegally  assessed  ;  and  the 
assessment  is  therefore  hereby  delared  void. 

ROBERT  ALLYN,  C.  P.  S. 
1857. 
Approved.  SAMUEL  AMES,  0.  J.  S.  C. 

See  No.  55. 


DECISION  No.  48. 
School  District  No.  11,  Exeter. 


A  tax  approved  by  the  school 
committee,  if  subsequently  in 
creased,  must  be  again  ap- 
proved. 


A  trustee  not  authorized  to  in- 
sure a  schoolhouse  without  au- 
thority from  the  district. 


Three  points  of  objection  can  be  sustained.  The 
"  notice"  of  the  second  meeting,  the  approval  of  the 
school  committee,  and  the  insurance.  The  "  notice  " 
and  "insurance"  may  be  reduced  to  one.  The  power 
to  insure  a  schoolhouse  is  by  §  3,  cap.  61,  school  law, 
vested  in  the  district  and  not  in  the  trustee.  Yet  if 
the  "notice"  had  specified  insurance  as  one  of  the 
objects  of  the  meeting,  a  vote  of  the  district  sanction- 
ing the  trustee  would  have  been  legal. 

It  is  my  opinion  and  decision  that  this  tax  is  not 
legal,  because  the  whole  tax  has  not  been  approved 
by  the  school  committee,  and  the  notice  was  not  suf- 
ficient to  authorize  the  district  to  sanction  the  act  of 
the  trustee  in  procuring  insurance  on  the  house. 

JOHN  KINGSBURY,  C.  P.  S. 

1858. 

Approved.  SAMUEL  AMES,  C.  J.  S.  C. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       197 

DECISION  No.  49. 

The  excess  of  a  tax  beyond  the  district's  indebted- 
ness does  not  affect  the  legality  of  tax. 

JOSHUA  B.  CHAPIN,  C.  P.  S. 

1859. 


DECISION  No.  50. 

If  taxes  are  paid  to  the  treasurer,  the  collector  will 
have  the  same  claim  to  his  percentage  as  if  the  taxes 
had  been  paid  to  him  originally. 

JOSHUA  B.  CHAPIN,  C.  P.  S. 

1860. 

See  No.  44. 


DECISION  No.  51. 

In  the  case  of  a  person  who  resides  in  a  district 
only  a  part  of  the  time,  the  question  of  taxation  of 
personal  property  must  depend  upon  the  time  that 
said  person  resides  in  the  district. 

JOSHUA  B.  CHAPIN,  C.  P.  S. 

1860. 


DECISION  No.  52. 

When  there  is  only  one  tax-paying  voter  in  the  dis- 
trict his  vote  is  sufficient  to  order  a  tax. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1868. 

17* 


198 


SCHOOL  MANUAL. 


DECISION  No.  53. 


School  District  No.  4,  Middletoivn. 


In  any  appeal  where  a  district  as 
such  is  an  interested  party,  the 
district  must  be  officially  noti- 
fied of  the  hearing. 

Where  a  tax  is  assessed  by  assess- 
ors appointed  by  the  commis- 
sioner they  must  give  notice  of 
their  assessment  and  proceed 


to  value  the  property  independ- 
ent of  the  town  valuation. 
A  tax  collector  acting  under 
an  apparently  legal  warrant 
would  not  be  liable  for  dam- 
ages in  case  it  was  proved  de- 
fective. 


In  this  case  the  trustee  made  a  contract  with  the 
teacher,  and  this  contract  was  made  known  to  the 
district  meeting,  and  the  vote  of  the  district  thereon 
(though  invalid  for  other  purposes)  may  well  be  held 
to  be  a  ratification  of  it. 

Subsequently,  upon  the  district  refusing  to  carry 
out  the  terms  of  the  contract,  the  teacher,  Coggeshall, 
and  the  trustee,  Carpenter,  united  in  an  appeal  which 
we  may  construe  to  mean  that  they  applied,  under 
the  provisions  of  Rev.  Stat.  cap.  64,  §  4,  to  the  com- 
missioner May  12,  1870,  and  he  appointed  the  same 
day  for  a  hearing  ;  and  it  is  alleged  that  "due  and 
actual  notice  of  such  hearing  before  the  commis- 
sioner was  given,  and  both  parties  were  present."  It 
is  not  alleged  to  whom  notice  was  given,  or  who  were 
present ;  and  by  both  parties,  we  must  understand 
the  two  persons  before  named,  no  others  being  either 
directly  or  indirectly  referred  to.  The  district  was 
the  party  against  whom  the  contract  was  to  be  en- 
forced, and  of  course  a  proper  party  to  this  proceed- 
ing, but  as  the  plea  does  not  allege  that  the  district 
was  notified,  we  must  infer  that  it  was  not,  and  that 
omission  was  fatal. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       199 

It  is  also  alleged  that  the  commissioner,  on  July  9, 
1870,  decided  that  the  tax  voted  by  the  district,  "suf- 
ficient to  pay  the  residue  of  the  contract,"  should  be 
assessed  and  collected  in  accordance  with  the  power 
conferred  by  Revised  Statutes,  R.  I.  cap.  64,  §  4; 
and  issued  a  warrant  to  Messrs.  Peckham,  Carpenter, 
and  the  district  clerk,  to  assess  a  tax  "on  the  valua- 
tion of  the  town  assessors  of  1869-70,"  and  appointed 
the  district  collector  to  collect  it ;  that  the  district 
clerk  declined  to  act  as  assessor,  and  notified  the  com- 
missioner ;  and  the  commissioner  (whether  verbally 
or  in  writing  is  not  said)  directed  the  other  two  to  pro- 
ceed and  assess  the  tax  ;  and  that  they  were  legally 
appointed  and  qualified,  and  did  assess  a  tax  on  said 
valuation,  etc.,  etc.;  that  the  commissioner  approved 
it,  and,  August  30th,  1870,  issued  his  warrant  to  said 
Win.  F.  Peckham  to  collect  it.' 

When  a  district  trustee  apportions  a  tax,  he  is  to  do 
it  (Rev.  Stat.  cap.  64,  §  2,)  on  a  valuation  made  by 
the  town  assessors.  But  when  a  tax  is  to  be  collected 
under  the  commissioner's  warrant,  the  assessors  may 
use  the  town  valuation  as  a  guide ;  but  they  must, 
after  all,  assess  it  upon  their  own  judgment.  And 
it  being  an  actual  assessment,  proper  notice  should 
have  been  given,  wThich  is  nowhere  alleged. 

The  collector,  acting  under  an  apparently  legal 
warrant,  would  not  be  held  liable  as  collector. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1877. 


200 


SCHOOL   MANUAL. 


DECISION  No.  54. 

School  District  No.  19,  South  Kingstown. 


School  commissioner  has  no 
power  to  order  a  tax  in  a  dis- 
trict except  in  cases  where  the 
law  specifically  provides  for 
such  a  case. 


School  commissioner  cannot  ap- 
prove a  district  tax,  hence 
there  is  no  appeal  to  him  in 
such  matters,  except  as  to  ques- 
tions of  its  formalities  and  ille- 
galities. 


In  this  case  school  district  No.  19  of  South  Kings- 
town voted  a  tax  for  school  purposes  and  the  school 
•committee  of  the  town  refused  to  approve  of  it.  From 
that  refusal  an  appeal  was  taken  to  the  school  com- 
missioner, and  on  the  hearing  it  was  objected  that 
the  school  commissioner  had  no  jurisdiction  to  reverse 
the  committee's  vote  and  to  approve  of  the  tax  him- 
self and  as  requested  by  the  party  he  has  laid  the 
case  before  one  of  the  judges  for  his  decision. 

The  right  of  appeal  given  by  cap.  55,  §  1,  of  the 
school  law,  is  expressed  in  very  general  terms.  Yet 
it  is  evident  that  it  cannot  be  construed  to  authorize 
him  to  reverse  the  proceedings  of  the  Board  of  Edu- 
cation, and  so  of  some  other  officers  who  have  duties 
to  perform  under  the  law.  So  if  a  district  refuses  to 
•order  a  tax,  he  can  only  order  a  tax  in  the  case  pro- 
vided for  by  law,  where  a  contract  has  been  made, 
etc.  To  hold  otherwise  would  be  to  make  the  school 
commissioner  the  absolute  dictator  on  questions  of 
taxation. 

We  must  be  guided  in  deciding  this  question  by 
the  intention  of  the  law  so  far  as  can  be  gathered 
from  its  language  and  history,  and  we  may  also  re- 
sort in  cases  of  doubt  to  the  practical  construction  of 
it  as  settled  by  usage  and  previous  decisions. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      201 

It  is  obvious  that  the  commissioner  may  on  appeal 
reverse  a  vote  of  a  district  or  committee  for  infor- 
mality or  illegality  in  many  cases  where  he  would  not 
have  a  right  to  make  any  further  or  new  decision  of 
his  own.  This  would  be  carrying  out  the  object  of 
the  law  in  giving  the  appeal,  which  has  always  been 
held  to  be  the  prevention  of  litigation,  by  furnishing 
a  cheap  and  speedy  mode  of  deciding  on  such  infor- 
malities and  illegalities. 

The  location  of  schoolhouses  is  one  of  those  ques- 
tions where  the  object  of  the  law  is  to  guard  against 
the  prevalence  of  mere  local  interests,  to  guard  the 
interests  of  minorities  and  of  non-resident  owners  of 
property;  and  in  these  cases  the  commissioner  has 
always  from  the  very  beginning  of  the  system,  and  with 
the  presumed  acquiescence  of  the  legislature,  exer- 
cised the  right  to  make  a  new  location  on  appeal ; 
and  so  in  many  other  cases,  where  it  may  be  neces- 
sary to  protect  the  rights  of  teachers  and  scholars 
from  the  consequences  of  local  excitements  and 
quarrels. 

The  principal  difficulty  in  the  present  case  grows 
out  of  the  very  different  language  used  by  the  General 
Assembly  in  cap.  48,  "  Of  the  powers  of  school  dis- 
tricts," §§  3  and  4.  The  difference  is  too  marked  to 
be  overlooked,  and  I  must  therefore  conclude  that 
while  the  commissioner  may  reverse,  or  refuse  to  re- 
verse, a  vote  or  decision  of  the  committee  in  such  a 
case  as  the  present  one  for  illegality  or  informality, 
he  cannot  make  a  decision  approving  the  tax. 

Ei^iSHA  R.  POTTER,  A.  J.  S.  C. 

1877. 

See  No.  91. 
See  No.  94. 


202  SCHOOL  MANUAL. 

DECISION  No.  55. 

School  District  No.  1,  Richmond. 

a.    In  case  of  assessing  tax  where  a  and  not  the  town  clerk's,  are 

town  assessor  is  to  be  called  the  ultimate  authority  as  to  a 

upon,  the  trustee  before  calling  district's  boundaries, 
upon    him   must  endeavor  to    3.      An    assessment    of    a    greater 

agree  with  the  parties  as   to  amount  than  that  voted  by  the 

their  valuation.  district  is  illegal,  whether  the 

-2.    The  school  committee's  records,  excess  be  great  or  small. 

In  the  matter  of  the  appeal  of  the  Wood  River 
Branch  Railroad  against  school  district  No.  1,  of  Rich- 
mond, it  was  claimed  by  the  appellant  that  a  certain  tax 
assessed  by  the  trustee  of  said  district  in  accordance 
with  a  vote  of  the  district,  of  November  3,  1878,  was 
illegal  and  void.  1st.  Because  the  trustee  called 
upon  a  town  assessor  to  value  that  portion  of  the  rail- 
road's property  lying  in  the  district,  without  trying- 
first  to  secure  an  agreement  with  the  corporation. 
2d.  Because  the  records  of  a  district's  boundaries  as 
recorded  in  the  town  clerk's  office  are  the  legal  bounds 
and  the  ultimate  authority  on  that  question,  while  in 
this  case  the  trustee  followed  certain  bounds  which 
were  furnished  by  the  school  committee.  3d.  Be- 
cause the  vote  to  levy  the  tax  only  authorized  a  tax 
of  $125,  whereas  the  tax  as  assessed  by  the  trustee 
amounted  to  $125.40. 

Upon  the  first  point  raised  by  the  appellant  I  am 
•of  the  opinion  that  the  trustee  should,  after  the  tax 
was  voted,  have  endeavored  to  agree  with  the  railroad 
corporation  before  calling  upon  the  assessors  for  their 
aid.  Such  is  the  natural  and  only  legitimate  mean- 
ing of  the  proviso,  "  if  .unable  to  agree  with  the  parties 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       203 

interested,"  which  occurs  in  the  section  under  which 
the  action  complained  of  was  taken.  Moreover,  no- 
such  proviso  existed  in  the  school  law  of  1845;  but  it 
was  subsequently  inserted,  evidently  because  it  was- 
found  by  experience  that  a  change  was  necessary  in 
that  direction. 

The  second  claim  of  the  appellant  I  do  not  think  is- 
sustained  by  the  law.  In  the  section  of  the  law 
which  refers  to  the  town  clerk  keeping  the  records  of 
the  district  boundaries,  nothing  is  said  or  implied 
which  makes  them  the  final  authority.  On  the 
other  hand,  the  school  committee  is  explicitly  given 
full  power  over  this  question  of  district  boundaries. 

In  regard  to  the  legality  of  an  assessment  where 
the  total  amount  assessed  is  greater  than  the  amount 
voted  by  the  district,  I  think  there  can  be  no  doubt 
that  it  is  illegal.  The  right  to  exceed  the  prescribed 
amount  at  all  implies  the  right  to  carry  the  excess  to- 
almost  any  amount,  and  hence,  in  fact,  transfers  the 
power  of  determining  the  amount  of  the  tax  from  the 
district  to  the  trustee. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1879. 

I  hereby  confirm  the  above  decision. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

See  No.  47. 


204  SCHOOL  MANUAL. 

DECISION  No.  56. 
School  District  No.  4,  West  Greenwich. 

1.  Where  school  committee  change  I  house  ought  not  to  be  relieved 

territory  from  one  district  to  !  from  such  responsibility, 

another,  with  an  agreement  of    3.  Change  of  boundaries  does  not 

the  owners  that  they  are  willing  alter  or  destroy  the  identity  of 

to  be  set  back  when  the  com-  j  the  district, 

mittee  think  best,  such  agree-    4.  Property  added  to  a  district  af- 

ment  is  a  waiver  of  notice  of  |  ter  a  tax  is  voted  is  liable  if  it 

such  action  by  the  committee.  !  is   in   the  district  at  time  of 

2.  Property  that  has  never  contrib-  !  assessment. 

uted  to  the  erection  of  a  school-  , 

From  the  evidence  submitted  it  appears  that  in  Feb- 
ruary, 1876,  the  appellants  being  then  located  in  dis- 
trict No.  4,  West  Greenwich,  petitioned  to  be  set  off 
to  district  No.  10,  because  at  that  time  there  was  no 
schoolhouse  in  district  No.  4,  and  therefore  their 
school  privileges  were  very  poor;  and  unless  they  be- 
longed to  district  No.  10,  if  they  availed  themselves  of 
the  school  there,  they  would  be  liable  to  pay  for  it. 

They  were  accordingly  set  off  to  district  No.  10  by 
the  committee  ;  upon  the  understanding  as  confessed 
by  both  parties,  that  whenever  district  No.  4  should 
build  a  schoolhouse  this  property  should  contribute 
its  regular  quota  thereto,  it  never  having  been  as- 
sessed for  this  purpose. 

Matters  continued  thus  till  the  spring  of  1879  when 
the  question  of  building  a  house  was  agitated  in  dis- 
trict No.  4,  and  finally  at  a  meeting  held  March  24, 
1879,  the  district  voted  to  build  and  also  to  assess  a 
tax  of  $350  to  defray  the  expenses. 

The  house  was  constructed  during  the  summer  and 
fall  of  1879,  and  in  November,  when  the  question  of 
raising  the  money  to  pay  for  the  building  arose,  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       205 

trustee  before  making  the  assessment  of  the  tax  ap- 
plied to  the  school  committee  for  a  particular  state- 
ment of  the  bounds  of  the  district  and  for  such  a 
correction  of  the  lines  as  would  restore  to  the  district 
the  property  previously  transferred  to  district  No.  10. 

Accordingly  a  meeting  of  the  committee  was  called 
for  November  29,  1879,  when  the  matter  was  dis- 
cussed and  finally  laid  upon  the  table  till  the  next 
meeting,  December  4. 

One  object  of  the  postponement  was  to  give  notice 
to  these  two  parties  of  the  proposed  action,  but 
through  some  misunderstanding  no  such  notice  was 
given,  and  on  said  December  4  the  committee  met 
and  passed  the  vote  appealed  from. 

On  the  5th  of  December  the  trustee  made  out  his 
rate  bill  of  the  tax  voted  as  above  on  the  24th  of 
March,  and  delivered  it  to  the  town  collector  for  col- 
lection. 

After  a  careful  examination  into  the  facts  I  am  of 
the  opinion  that  the  decision  of  the  school  committee 
in  question  should  be  confirmed  for  the  following 
reasons: 

First.  The  original  boundaries  of  the  districts  are 
thus  re-established.  It  is  quite  safe  for  us  to  assume 
that  the  original  division  into  districts  was  the  fairest 
distribution  that  could  be  made,  so  far  as  the  rights 
of  all  were  concerned. 

For  the  transfer  of  this  property  from  district  No. 
4  to  district  No.  10  to  be  made  permanent,  would  be 
to  the  very  manifest  injury  of  district  No.  4,  and 
would  require  for  its  justification  very  strong  reasons 
which  I  fail  entirely  to  find. 

Second.  The  acknowledged  understanding  between 
the  appellants  and  the  school  committee  at  the  time 

18 


206  SCHOOL  MANUAL. 

of  the  transfer  from  district  No.  4  to  district  No.  10 
constitutes  a  practical  waiver  of  notice;  the  act  com- 
plained of  being  virtually  the  second  part  of  an  agree- 
ment previously  made. 

Third.  The  property  in  question  having  never  con- 
tributed to  the  erection  of  a  schoolhouse  should  be 
so  assessed,  and  it  is  very  clear  that  district  No.  4  is 
the  district  entitled  to  the  benefit  thereof. 

Fourth.  I  am  fully  of  the  opinion  that  the  best  in- 
terests of  the  two  farms  in  question  will  be  full  as 
well,  if  not  better,  promoted  by  their  being  joined  to 
district  No.  4,  than  if  they  were'  annexed  to  district 
No.  10. 

The  claim  that  the  tax  is  not  collectible  of  the  ap- 
pellants because  it  was  voted  before  they  were  joined 
to  the  district  and  therefore  a  tax  in  which  they  had, 
and  could  have  had,  no  voice,  is  not  tenable,  because 
the  district  which  voted  the  tax  and  the  district  which 
assessed  it  were  legally  one  and  the  same  district,  and 
all  rights  and  powers  which  were  vested  in  the  one 
were  of  necessity  vested  in  the  other.  If  such  were 
not  the  case,  every  time  the  bounds  of  a  district  were 
changed  it  would  be  necessary  to  re-elect  officers  and 
re-enact  any  votes  passed  previous  thereto  which 
were  intended  to  have  any  farther  force  or  validity. 
It  is  difficult  to  see,  therefore,  how  the  trustee  when 
he  came  to  assess  the  tax  which  had  been  voted  by* the 
district  could  do  otherwise  than  assess  all  property 
which  the  district  contained  at  the  date  of  his  assess- 
ment. 

To  the  claim  that  such  a  decision  violates  the  prin- 
ciple that  one  cannot  be  assessed  for  a  tax  which  he 
had  no  voice  in  ordering,  it  is  sufficient  to  say  that 
protection  against  any  injustice  is  secured  by  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      207 

provisions  for  an  appeal,  as  in  this  case,  on  the  ques- 
tion of  merit  in  the  change  of  bounds. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1881. 

Approved.  CHARLES  MATTESON,  A.  J.  S.  C. 


208  SCHOOL    MANUAL. 


TRUSTEES. 


DECISION  No.  57. 

The  loss  of  the  qualification  as  elector  required  to 
render  a  trustee  eligible  to  the  office  would  not  cause 
a  forfeiture  of  the  office. 

ELISHA  R.  POTTER,  C.  P.  S. 

1849. 

See  No.  9. 


DECISION  No.  58. 

When  no  appeal  from  the  manner  of  the  election 
of  trustees  is  taken  within  a  reasonable  time,  if  they 
act  in  this  capacity  during  the  year,  their  acts  as 
such  are  valid,  and  they  are  the  acting  trustees  of 
the  district. 

ELISHA  K  POTTER,  C.  P.  S. 

1849. 

See  No.  14. 
See  No.  31. 
See  No.  45. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       209 

DECISION  No.  59. 

When,  from  neglect  of  trustees,  the  school  commit- 
tee assume  the  power  of  opening  a  school,  the  trustee 
is  bound  to  respect  their  orders. 

ELISHA  R.  POTTER,  C.  P.  S. 

1851. 


DECISION  No.  60. 
School  District  No.  5,  Little  Compton. 

A  trustee  of  a  school  district  can  only  be  removed  during  his  term  of  office 
for  cause. 

I  am  of  opinion  that  a  district  having  once  legally 
made  an  election,  of  any  of  the  officers  required  by 
law  to  be  elected,  would  have  no  right  to  rescind  it. 

The  case  would  be  different,  however,  with  persons 
who  were  merely  appointed  by  the  district  as  a  com- 
mittee for  some  particular  purpose.  Over  such  cases 
the  district  would  have  complete  control,  and  might 
remove  such  agents  at  pleasure. 

A  trustee  once  elected  and  accepting  could  only  be 
removed  for  good  cause,  and  after  notice  and  hearing. 
The  contrary  doctrine  would  lead  to  continual  con- 
tests and  confusion. 

ELISHA  R.  POTTER,  C.  P.  S. 

1853. 

See  No.  16. 
See  No.  63. 

18* 


210  SCHOOL  MANUAL. 

DECISION  No.  61. 
School  District  No.  2,  North  Providence. 


Trustees  can  hire  at  whatever  |  3.  Trustees  have  no  power  to  re- 
wages  they  please,  duce  a  teacher's  wages  or  to 

The  legal  school  year  for  the  dis-  dismiss  him  during  the  term 

trict  begins  May  1st,  annually,  i  for  wrhich  he  is  hired. 


At  the  proper  time  of  the  year,  and  under  the  ap- 
probation of  the  school  committee,  the  trustees  have 
unlimited  authority  to  employ  a  teacher  at  whatever 
wages  they  please.  If  they  employ  at  very  high 
wages,  they  may,  by  a  vote  of  the  district,  assess  and 
collect  a  tax  to  defray  the  extra  expense.  If  they 
employ  at  cheap  wages,  the  unexpended  balance  of 
their  appropriation  must  be  divided  among  the  other 
districts.  And  if  trustees  choose  to  use  only  a  part 
of  their  share  of  the  "teachers'  money"  for  their  own 
district,  and  leave  the  remainder  to  other  districts, 
thereby  providing  an  inferior  school  for  their  own 
children  and  a  better  one  for  their  neighbors,  no 
power  is  known  to  prevent,  provided  they  do  it  at  the 
proper  time.  At  such  times  as  trustees  may  lawfully 
hire  teachers  for  their  schools,  they  may  hire  as 
cheaply  as  they  can,  provided  the  school  committee 
will  approbate  those  hired. 

In  reference  to  the  time  when  the  legal  school  year 
commences,  there  can  be  but  one  opinion.  In  absence 
of  any  vote  of  the  district  prescribing  the  time  at 
which  the  teacher's  contract  shall  terminate,  and  in 
the  absence  of  any  written  or  specific  agreement 
between  the  trustees  and  teachers  as  to  this  time  of 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       211 

terminating  the  contracts,  and  in  such  districts  as 
have  established  permanent  or  yearly  schools  with 
fixed  terms  and  vacations,  the  legal  school  year  must 
be  settled  by  the  statute.  Section  21  of  the  act  re- 
lating to  public  schools  makes  it  necessary  for  a 
district  to  keep  a  school  not  less  than  four  months  at 
some  time  during  the  year  ending  on  the  first  of  May, 
in  order  that  it  may  be  entitled  to  draw  its  portion 
of  the  "  teachers'  money  "  for  the  year  thereafter  en- 
suing; the  commissioner  is  required  by  section  2, 
annually  in  May  to  apportion  the  money  annually 
paid  out  of  the  general  treasury  for  public  schools 
among  the  several  towns  according  to  law,  and  his 
office  annually  expires  on  the  second  Tuesday  of 
that  month.  Section  20  enacts,  among  other  things, 
that  the  school  committee  "  shall  apportion  as  early 
as  practicable  in  each  year,  among  the  districts,  the 
money  received  from  the  State;"  and  section  21 
further  provides  "  that  at  the  end  of  the  school  year 
any  money  which  shall  remain  unexpended  may  be 
divided  by  the  committee  among  the  districts  the 
following  year;"  and  finally,  section  26  makes  it  the 
imperative  duty  of  a  district  to  hold  its  annual  meet- 
ing near  this  time,  namely,  in  April  or  May.  From 
all  this  and  from  the  fact  that  the  returns  of  the  dis- 
tricts to  the  school  committees  and  from  the  com- 
mittees to  the  commissioner  are  made  to  this  date, 
and  the  district  officers  are  elected  for  the  year  end- 
ing at  the  annual  meeting,  when  their  terms  of  office 
expire  unless  continued  by  special  statute,  the  com- 
missioner must  decide  that  the  legal  school  year 
begins  on  the  first  of  May  annually,  or  by  section  26, 
in  cases  there  provided  for,  at  the  time  of  the  annual 
district  meeting. 


.212  SCHOOL  MANUAL. 

As  to  the  general  power  claimed  by  the  trustees  to 
reduce  a  teacher's  wages,  or  in  the  alternative  to  dis- 
miss him  from  their  school,  and  that  on  a  very  brief 
notice,  if  should  be  remarked,  that  the  school  law 
manifestly  intends  that  the  State  shall  have  some 
charge  of  all  the  schools  which,  it  in  part  supports. 
It  therefore  very  property  forbids  trustees  to  hire  as 
teachers  persons  who  do  not  possess  certain  moral 
and  literary  qualifications — and  even  those  who 
possess  these  in  an  undoubted  degree,  unless  they 
hold  or  can  obtain  a  certificate  in  the  required  form 
and  signed  by  the  proper  authorities.  The  law  aims 
to  prevent  trustees  from  retaining  a  teacher  who 
neglects  his  duty,  and  provides  that  the  school  com- 
mittee may  dismiss  such  an  one.  All  these  guards 
;seem  to  be  reared  in  order  to  prevent  the  trustees 
of  a  school  district  from  doing  two  things  which  would 
necessarily  tend  to  destroy  or  degrade  their  school; — 
from  employing  the  immoral  or  incompetent,  and 
thus  poisoning  or  stinting  the  morals  and  the  minds 
of  the  children  ;  and  from  hastily  dismissing  the 
worthy  teacher  by  reason  of  any  private  or  personal 
pique,  or  in  consequence  of  some  temporary  excite- 
ment. And  as  the  state  furnishes  a  portion  of  the 
money  which  supports  the  public  school  of  every  dis- 
trict, and  gives  that  district  all  the  right  it  has  to 
exist  and  to  collect  taxes  for  the  further  support  of 
its  schools,  it  is  but  proper  that  it  should  step  in  by 
its  officers  and  prevent  the  trustees  from  injuring  the 
school,  or  from  suddenly  discharging  or  reducing  the 
compensation  of  a  teacher  against  whom  no  deficien- 
cies are  alleged.  It  is  believed  that  such  powers  as 
are  claimed  would  materially  injure  any  school,  and 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        213 

that  under  the  school  law  they  are  not  conferred  upon 
the  trustees. 

ROBERT  ALLYN,  C.  P.  S. 

1855. 

See  No.  62. 

See  No.  67. 


DECISION  No.  62. 
School  District  No.  8,   West  Greenwich. 

1.    Districts  have  no  power  to  hire    2.    District  trustees  must  act  as  a 
teachers  by  vote.  board. 

The  commissioner  decides  that  a  district,  at  a  meet- 
ing of  its  voters,  has  no  power  to  hire  a  teacher  even 
if  the  meeting  is  legally  called,  and  such  an  item,  is 
inserted  in  the  warrant.  In  sections  33-36,  inclusive, 
of  the  act  relating  to  public  schools,  which  enumerate 
the  powers  of  districts,  no  mention  is  made  of  the 
"power  to  employ"  teachers  ;  but,  on  the  contrary, 
section  40  specially  confers  upon  the  trustees  that 
power,  and  it  is  made  " their  duty "  "to  employ  one 
or  more  qualified  teachers  for  every  fifty  scholars  in 
average  daily  attendance."  It  is,  therefore,  the  plain 
duty  of  the  trustees  to  employ  all  teachers,  and  a 
meeting  of  the  voters  of  a  district  could  only  be 
advisory. 

As  to  the  mode  in  which  the  trustees  shall  discharge 
their  duty,  it  ought  to  be  a  rule  never  to  be  departed 
from,  that  when  the  district  appoints  three  trustees, 
as  it  may,  the  three  should  meet  and  confer  upon  all 
questions  relating  to  their  official  duty.  Many  of  their 
duties  are  deliberative,  and,  therefore,  cannot  be  del- 


214  SCHOOL  MANUAL. 

•egated  to,  or  assumed  by,  any  one  of  their  number, — 
such  as  making  contracts  with  teachers,  for  repairs, 
or  fuel,  and  preparing  tax  lists;  and  these  things,  of 
-course,  require  a  meeting  of  the  three,  or  at  least  of  a 
majority  after  due  notice  given  to  the  absent  minority. 
And  it  is  highly  improper  that  any  single  one  should, 
in  any  duty  not  strictly  ministerial  and  prescribed  to 
him  by  vote  of  the  body  at  a  meeting,  act  with  the 
expectation  that  his  colleagues  will  ratify  what  he 
shall  have  done. 

The  mode  of  notifying  meetings  of  trustees  is  not 
specified  by  law,  and  is  therefore  left  to  be  a  matter 
of  common  agreement  among  them.  Generall}7,  as 
they  are  near  each  other,  a  verbal  notice  from  the 
•chairman  will  be  sufficient. 

ROBERT  ALLYN,  0.  P.  S. 
1856. 
Approved.         GEORGE  A.  BRAYTON,  A.  J.  S.  C. 

See  No.  61. 
See  No.  66. 


DECISION  No.  63. 
School  District  No.  2,  Cranston. 

If  a  district  elect  one  trustee  at  annual  meeting,  it  cannot  at  a  subse- 
quent meeting  elect  two  more. 

My  decision  is  that  the  vote  and  proceedings  of  the 
•district  at  their  meeting  held  May  7,  1859,  are  void. 

At  the  annual  meeting  the  district  could  elect  one 
trustee  or  three  trustees,  as  they  might  decide.  They 
•decided  to  elect,  and  did  elect,  but  one, — Mr.  Richard- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       215- 

son.  There  was  thus  an  election  at  the  annual  meet- 
ing, and  the  trusteeship  of  the  district  was  full,  ac- 
cording to  the  authorized  decision  of  the  district. 
There  was,  therefore,  110  election  of  trustees  to  be 
made  at  any  subsequent  meeting. 

SAMUEL  AMES,  C.  J.  S.  C. 

1859. 

See  No.  16. 
See  No.  60. 


DECISION  No.  64. 

William  Tiffany  in  re  Special  Meeting  of  School  Dis- 
trict No.  4,  Warwick. 


A  board  of  only  two  trustees  is 
not  a  legal  board.  When  one 
of  three  trustees  elected  de- 
clines to  qualify  there  is  no 
vacancy,  but  one  of  the  old 
board  holds  over. 


The  order  of  the  trustees  is  de- 
termined, in  lack  of  other 
evidence,  by  the  records  of  the 
meeting. 


In  the  matter  of  Appeal  of  William  Tiffany  from 
proceedings  of  school  district  No.  4,  town  of  War. 
wick,  it  appears  that  at  the  annual  meeting  of  said 
school  district  No.  4,  held  April  2d,  1883,  under  a 
valid  call,  it  was  voted  by  the  district  to  have  three 
trustees  and  the  following-named  persons  were  elected 
as  such  trustees,  one  at  a  time,  and  in  the  order 
named,  viz.:  C.  E.  Luther,  Edwin  Millard,  and  O.  P. 
Sarle.  Messrs  Sarle  and  Millard  were  engaged  imme- 
diately after  the  meeting. 

Mr.  Luther  declined  in  writing  to  qualify,  and  on 
the  7th  of  April  Messrs  Millard  and  Sarle  called  a 
special  meeting  for  April  13th,  "  to  elect  a  trustee  in 


216  SCHOOL  MANUAL. 

place  of  Chas.  E.  Luther  who  was  elected  at  the  an- 
nual meeting  and  who  refuses  to  serve ;  to  elect  a 
district  collector  ;  and  to  raise  a  tax  to  pay  the  pres- 
ent indebtedness  of  the  district  and  to  authorize  the 
trustees  to  enlarge  the  schoolhouse." 

This  notice  was  issued  by  Messrs  Millard  and  Sarle 
without  consulting,  or  recognizing,  Mr.  Tiffany  as  a 
trustee. 

At  this  meeting  of  April  13th,  Mr.  J.  W.  Tibbitts 
was  elected  trustee  and  engaged.  Mr.  J.  B.  White 
was  elected  collector,  and  it  was  voted  to  assess  a  tax 
of  six  cents  on  each  hundred  dollars  of  the  ratable 
property  of  the  district,  to  pay  the  indebtedness  of 
the  district  and  to  make  any  necessary  repairs. 

From  the  action  of  this  meeting  of  April  13th,  Mr. 
Tiffany  appeals  and  claims  that  its  proceedings  may 
be  declared  illegal  and  null  and  void,  on  the  ground 
that  the  notice  under  which  it  acted  was  not  a  legal 
notice. 

He  claims  that  in  the  first  place  there  was  no  va- 
cancy in  the  office  of  trustee  to  be  filled,  but  that  he 
held  over  in  the  event  of  Mr.  Luther's  refusal  to 
serve  ;  and  hence  no  person  elected  under  the  call 
could  legally  act  as  trustee.  In  the  second  place,  as 
to  the  issuing  of  the  notice,  he  claims  that  it  was  not 
valid  in  that  it  was  signed  by  only  two  trustees. 

After  a  careful  consideration  of  the  issue  involved 
in  this  case  I  am  of  the  opinion  that  the  notice  of  the 
special  meeting  for  April  13th,  issued  April  7th,  and 
signed  by  Messrs  Millard  and  Sarle,  was  not  a  legal 
notice,  because,  First,  It  was  signed  by  but  two  trus- 
tees, who  were  either  the  whole  board,  or  a  majority 
of  the  board.  If  they  are  called  the  whole  board,  I 
do  not  believe  they  were  qualified  to  act,  because  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       217 

law  only  recognizes  one  trustee  or  three  trustees  ;  and 
as  to  the  claim  that  the  general  provision  of  the  stat- 
utes, that  "  all  words  purporting  to  give  a  joint  au- 
thority to  three  or  more  officers  or  persons,  shall  be 
so  construed  as  to  give  such  authority  to  a  majority 
of  them"  warrants  the  exercise  of  such  power,  it 
seems  to  me  that  that  provision  has  no  application 
here. 

There  is  in  this  case  a  board  of  "  two "  trustees, 
and  two  only  who  have  been  elected  and  qualified, 
and  to  allow  them  the  authority  to  issue  notices  for 
meetings  and  transact  business  in  general  for  the  dis- 
trict, is  practically  to  nullify  the  explicit  statute 
which  says  that  a  district  may  elect  "  one"  or  "three," 
but  nowhere  provides  for  but  two.  The  practical  ef- 
fect of  such  a  theory  would  be  not  to  confer  upon  the 
majority  of  a  board  the  power  to  act  for  the  board, 
but  to  ~be  the  board,  which  is  quite,  another  thing. 

If  it  be  claimed,  as  the  counsel  for  Mr.  Tibbitts 
avers,  that  the  two  trustees  signing  the  call  of  April 
7th  were  a  majority  of  a  board  of  "  three"  and  hence 
competent  to  act,  it  must  be  remembered  that  the  ac- 
tion of  the  majority  of  any  board,  taken  without  the 
knowledge  or  consent  of  the  minority,  is  always  to  be 
considered  as  contrary  to  law  and  not  to  be  upheld. 
In  this  case  there  is  no  claim  that  Mr.  Tiffany,  or  any 
party,  was  recognized,  or  consulted,  as  trustee  by  the 
two  trustees  who  signed  the  call. 

As  to  the  question  whether  a  vacancy  in  the  office 
of  trustee  did  actually  exist  on  the  date  of  April  7th, 
I  am  of  the  opinion  that  there  was  no  such  vacancy. 
The  words  of  cap.  Gl,  §  4,  Public  Statutes, 

"Every  school  district  officer  elected  or  appointed 
under  the  provision  of  this  title  shall,  without  a  new 

19 


218  SCHOOL  MANUAL. 

engagement,  hold  his  office  until  the  time  of  the  next 
annual  election  or  appointment  for  such  office,  and 
until  his  successor  is  elected  or  appointed  and  quali- 
fied,'' are  very  broad  and  explicit.  They  make  no  ex- 
ceptions in  favor  of  any  officer ;  and  in  view  of  the 
fact  that  in  the  revision  of  1872  the  words  "and  qual- 
ified" were  added  to  the  section,  they  clearly  indicate 
the  purpose  of  the  General  Assembly  to  provide,  first, 
that  there  shall  be  no  interregnum  or  vacancy  occur- 
ring by  a  lapse  of  authority ;  and  second,  that  no 
person  shall  be  considered  as  fully  "  elected  or  ap- 
pointed "  to  any  office,  in  any  such  sense  as  to  take 
the  place  of  another,  until  he  has  been  "  qualified." 

In  this  case  it  is  beyond  dispute  that  Mr.  Luther, 
one  of  the  three  persons  elected  as  trustees  on  the  2d 
of  April,  1883,  did  not  qualify. 

If  he  did  not  qualify,  then  by  virtue  of  the  pro- 
vision of  the  statute  above  quoted,  no  other  per- 
son's authority  could  have  been  terminated.  There 
must  then  have  resulted  one  of  two  conditions  of  af- 
fairs ;  either  one  of  the  old  trustees  held  over,  or,  as 
we  have  already  seen  in  the  previous  argument,  the 
three  old  trustees  held  over. 

There  certainly  is  no  place  for  but  "  two  "  newly 
elected  trustees  to  become  a  legal  board  of  trustees, 
and  qualified  to  act  in  that  function  for  the  district. 
I  am  inclined  to  the  opinion  that  one  of  the  old  trus- 
tees held  over,  making  with  the  two  elected  and 
qualified  at  the  annual  meeting,  the  full  board  of 
three  required  by  law. 

Such  an  interpretation  of  the  law  seems  to  me  the 
natural  and  legitimate  meaning  from  the  plain  read- 
ing of  the  statute;  and  if  so,  I  see  no  reason  why  it 
is  not  to  be  accepted,  unless  it  be  found  practically 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       219 

impossible  to  carry  it  into  effect.  But  I  see  no  more 
trouble  in  ever  determining  the  question  of  order  in 
the  election  of  trustees,  than  any  other  that  may 
arise  in  district  matters. 

The  clerk's  record  of  the  proceedings  of  the  meet- 
ting,  when  approved  by  the  district  in  open  meeting, 
must  of  necessity  determine  an  order,  and  such  order, 
for  such  purposes  as  this,  is  all-sufficient. 

In  the  case  in  question  the  original  notes  of  the 
clerk,  made  at  the  meeting  of  April  3rd,  1882,  and  his 
record  over  his  official  signature,  which  was  read  and 
adopted  in  a  subsequent  district  meeting,  fix  the 
order  of  the  election  of  trustees  in  1882  as  follows, 
viz.:  William  Tiffany,  Edwin  Millard,  and  James 
Phillips. 

Now  as  Mr.  Luther,  who  declined  to  qualify,  was 
elected  first  at  the  annual  meeting  in  1883,  it  is  my 
opinion  that  Mr.  Tiffany  continued,  and  still  con- 
tinues, to  be  trustee,  with  full  power  to  act  as  such 
in  connection  with  Messrs.  Millard  and  Sarle,  the  two 
who  were  elected  and  qualified  at  the  annual  meet- 
ing of  1883. 

In  view  therefore  of  the  above  reasons,  I  hereby 
declare  the  meeting  of  school  district  No.  4,  of  the 
town  of  Warwick,  held  on  April  13,  1883,  to  have 
been  illegal,  and  all  its  acts  null  and  void  and  of  no 
effect. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1883. 

Approved.  CHARLES  MATTESON,  A.  J.  S.  C. 


220  SCHOOL  MANUAL. 


DECISION   No.  65. 

In  re  Resignation  of  Trustee  of  District  No.  1, 
Cranston. 


Kesignation  of  district  officer  may  be  withdrawn  before  district  has  ac- 
cepted it,  either  by  direct  vote  or  by  action  filling  the  vacancy. 


AGREED   STATEMENT   OF    FACTS. 

Lewis  A.  Walton  was  elected  trustee  at  the  annual 
meeting  April  28th,  and  was  duly  engaged  by  the 
Town  Clerk. 

On  Tuesday  morning,  Sept.  9, 1890,  he  posted  notices 
for  a  special  meeting  to  accept  his  resignation, — the 
meeting  to  be  holden  at  the  schoolhouse  on  Saturday 
evening,  Sept.  13,  at  half -past  seven  o'clock  P.  M., 
that  not  giving  the  five  days'  notice  required  by  the 
law. 

The  meeting  was  held  according  to  the  above  call 
and  it  was  voted  to  accept  his  resignation,  but  no 
one  was  elected  in  his  place. 

Some  time  early  in  November,  Mr.  Walton  notified 
the  clerk  of  the  district  in  writing,  withdrawing  his 
resignation  as  no  one  had  been  qualified  to  succeed 
him,  and  he  now  claims  to  be  the  legal  trustee  and 
proposes  to  hold  the  office  to  the  end  of  the  year,  or 
until  his  successor  is  qualified. 

My  decison  is  that  he  is  trustee. 

My  reason  for  the  decision  is  that  his  resignation 
has  not  been  accepted  by  the  district  in  any  such 
definite  and  conclusive  manner  as  the  law  wmild 
seem  to  require.  The  action  of  the  meeting  held  on 
Sept.  13,  1890,  cannot  be  held  as  legal  on  account  of 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       221 

the  illegal  notice  for  the  meeting.  Had  the  notices 
been  posted  any  time  on  Monday  the  meeting  could 
have  been  held  any  time  on  Saturday. 

No  other  action  appears  to  have  been  taken  by  the 
district  which  can  be  in  any  way  regarded  or  con- 
strued as  an  acceptance  of  the  resignation.  Had  the 
district  proceeded  to  the  election  of  a  trustee  at  any 
time,  such  election  might  have  been  considered  as  a 
virtual  acceptance,  sufficient  at  least  to  have  barred 
the  withdrawal  of  the  resignation. 

If  there  has  been  no  valid  or  binding  acceptance 
of  the  resignation,  then  the  right  to  withdraw  it  must 
remain;  and  as  Mr.  Walton  has  so  withdrawn  it, 
matters  stand  as  they  did  before  he  proffered  his 
resignation,  and  he  is  trustee. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1891. 

See  No.  16. 


19* 


222  SCHOOL  MANUAL. 


Powers  and  Duties  of  School  Committee  and 
Apportionment  and  Uses  of  School  Money. 


DECISION   No.  66. 

School  District  No.  5,   Cumberland. 

1.    School  teacher  without  a  certifi-  \  2.    No  particular  mode  of  notifying 
cate     cannot    draw     "public  |  meetings  of   the  school   corn- 

money."  mittee. 

1st.  No  teacher  can,  under  any  circumstances,  be 
entitled  to  demand  any  portion  of  the  public  money 
unless  he  has  a  certificate  of  qualification  valid  at 
the  time  he  keeps  the  school. 

2d.  Although  the  committee  may  provide  by  by- 
law a  mode  of  calling  meetings  of  their  body,  such 
by-law  would  not  exclude  any  other  mode  of  calling 
meetings  ;  and  if  a  quorum  be  present,  and  all  those 
who  are  capable  of  attending  have  had  reasonable 
notice,  and  there  is  no  charge  of  any  unfair  or  im- 
proper proceedings,  the  meeting  will  be  held  to  be  a 
legal  one  ;  the  committee  being  a  body  appointed  by 
law  for  the  performance  of  a  trust,  and  the  law  itself 
prescribing  no  particular  mode  of  calling  such  meet- 
ing. 

ELISHA  R.  POTTER,  C.  P.  S. 

1849. 

Approved.          RICHARD  W.  GREENE,  C.  J.  S.  C. 

See  No.  62. 
See  No.  82. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       223 

DECISION  No.  67. 

The  school  committee  are  the  proper  authority  to 
dismiss  a  teacher  who  does  not  give  satisfaction. 

ELISHA  R.  POTTER,  C.  P.  S. 

1852. 

Approved.  ROBERT  ALLYN,  C.  P.  S. 

1855. 

Approved.  JOSHUA  B.  CHAPIN,  C.  P.  S. 

1861. 

See  No.  61. 


DECISION  No.  68. 
School  District  No.  3,  North  Providence. 

1.    School  committee  may  limit  their  j  2.    School  committee  cannot  dele- 
certificates,  but  general  certifi-  gate    the   power   to  annul  a 


cates   must  be   construed   ac- 
cording to  their  plain  purport. 


teacher's  certificate. 


On  consideration  I  adhere  to  the  decision  formerly 
made  upon  this  point,  that  although  the  committee 
have  the  power  to  limit  their  certificates  to  particular 
schools,  yet  if  they  see  fit  to  give  a  certificate  of  gen- 
eral qualification,  it  must  be  construed  according  to 
its  plain  purport,  and  to  allow  the  written  certificate 
to  be  contradicted  or  varied  by  any  understanding  not 
expressed  on  the  face  of  the  certificate  itself  would 
be  a  dangerous  practice,  leading  to  continual  mis- 
understanding and  litigation. 

The  power  of  annulling  certificates  is  an  important 
one.  It  gives  the  committee  control  over  the  teacher, 


224  SCHOOL  MANUAL. 

it  authorizes  them  to  pronounce  a  judgment  against 
him  for  unfitness  or  misconduct,  which  may  have  the 
effect  of  ruining  him  in  his  profession,  and  of  injur- 
ing materially  his  prospects  for  general  success  in 
life.  If  the  construction  was  doubtful,  these  consid- 
erations would  incline  me  to  lean  against  the  right 
claimed  for  the  committee  to  delegate  this  power. 
But  the  construction  appears  to  me  to  be  plainly  that 
the  committee  have  not  the  right  to  delegate. 

And  if  the  sub-committee  had  not  the  power  to 
annul  the  certificate,  the  subsequent  recognition  of 
it  by  the  committee  would  not  render  it  valid. 

ELISHA  R.  POTTER,  0.  P.  S. 

1852. 

See  No.  69. 
See  No.  71. 

See  No.  85. 


DECISION  No.  09. 
School  District  No.  3,  North  Providence. 

1.    School  committee  may  not  com-    3.  School    committee   cannot  dele- 
pel  a  gradation  of  schools.  gate  their  general  powers. 
School  committee  have  power  to    4.  Committee  have  power  to  annul 
limit  and  explain  their  certifl-  I  certificate  for  good  cause, 
cates. 

1st.  The  school  committee  may  promote  by  advice 
and  recommendation,  but  have  no  power  to  compel, 
•a  gradation  of  schools  by  a  district. 

2d.  The  committee  have  the  power  to  limit  and 
explain  their  certificates.  To  construe  the  law  to 
require  perfection  in  the  branches  named  in  section 
54  would  be  unreasonable,  and,  indeed,  it  is  impos- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       225 

sible  to  make  a  perfectly  definite  standard.  If  so, 
there  is  no  reason  why  the  certificate  should  not  ex- 
press the  degree  of  qualification. 

3d.  The  committee  cannot  delegate  their  general 
powers.  The  powers  of  visiting  schools  and  examin- 
ing teachers  they  are  specially  authorized  to  dele- 
gate.* There  can  be  no  objection,  also,  to  a  com- 
mittee authorizing  its  officers  to  draw  orders  for  pay- 
ment of  bills,  upon  the  performance  of  certain  con- 
ditions, as  on  making  a  return,  etc.  But  to  delegate 
a  power  which  is  supposed  to  imply  the  exercise  of  a 
discretion  in  the  committee  seems  contrary  to  the 
intention  of  the  law  in  giving  such  power  to  the  com- 
mittee. 

4th.  The  committee  have  the  undoubted  right  to 
annul  a  certificate,  or  dismiss  a  teacher,  for  good 
cause.  No  particular  form  is  necesary  for  doing 
this.  But  the  trustee  should  be  plainly  informed  that 
the  certificate  is  annulled,  or  the  teacher  dismissed. 
And  the  teacher  should  be  notified,  that  he  may  have 
a  chance  to  defend  himself. 

ELISHA  R.  POTTER,  C.  P.  S. 

1852. 

See  No.  68. 
See  No.  71. 

*By  the  school  law  of  1851. 


226  SCHOOL  MANUAL. 

DECISION  No.  70. 
Appeal  from  School  Committee  of  North  Kingstown. 


Scholars  cannot  be  compelled  to  make  fires  for  schoolhouses  by  either  trus- 
tees or  school  committee. 


The  regulation  No.  26,  adopted  by  the  school  com- 
mittee October  25,  1852,  is  in  these  words:  "The 
trustee  or  trustees  of  each  district,  with  the  teacher, 
may  cause  the  fires  to  be  made  in  the  schoolhouse,  by 
directing  the  scholars  of  a  suitable  age  to  take  turns 
in  making  the  fires,  or  procure  them  to  be  made  in 
any  other  way  they  may  think  proper." 

In  a  private  school  the  teacher  has  a  right  to  pre- 
scribe his  own  terms.  The  parent  who  sends  children 
to  the  school  delegates  to  the  teacher  the  right  to 
govern  them  according  to  his  own  rules,  and  to  punish 
to  a  reasonable  extent  for  the  violation  of  them.  The 
remedy  of  the  parent,  if  he  does  not  like  the  school 
or  its  regulations,  is  in  not  sending  to  it. 

To  a  public  school  every  parent  has  a  legal  right  to 
send  his  children.  He  sends  them  subject  to  the  law- 
ful authority  of  the  teacher,  and  to  the  lawful  regu- 
lations which  may  be  prescribed  for  the  discipline 
and  studies  of  the  school,  but  he  has  a  right  to  insist 
that  no  regulations  be  made  which  the  law  does  not 
authorize. 

The  right  claimed,  if  it  exists  at  all,  must  be  de- 
rived from  the  general  power  of  the  committee  to 
make  regulations,  or  from  the  authority  given  to  dis- 
tricts and  trustees  to  make  assessments  on  scholars 
and  their  parents.  ( §  59,  Law  of  1851.)  The  lat- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        227 

ter,  however,  it  is  very  evident,  contemplates  only 
assessments  to  be  paid  in  money  and  not  labor. 

The  power  of  the  committee  to  make  regulations  is 
given  by  section  1,  which  authorizes  them  "  to  make 
and  cause  to  be  put  up  in  each  schoolhouse,  or  fur- 
nished to  each  teacher,  a  general  system  of  rules 
and  regulations  for  the  admission  and  attendance  of 
pupils,  the  classification,  studies,  books,  discipline, 
and  method  of  instruction  in  the  public  schools." 

It  seems  to  me  very  plain  that  the  power  to  make  a 
regulation  of  the  character  of  the  one  in  question  is 
not  given  in  this  paragraph.  We  might  as  well  infer 
a  right  to  require  the  scholars  to  cut  and  saw  the  wood. 
And  as  I  can  find  no  other  authority  for  it  in  the  law, 
it  must  be  considered  as  unauthorized  by  law,  and 
accordingly  null  and  void. 

ELISHA  R.  POTTER,  C.  P.  S. 

1853. 

See  No.  84. 


DECISION  No.  71. 

Case  of  Philip  B.  Stiness,  Jr.,  vs.  J.   H.    Willard^ 
Clerk  of  School  Committee,  North  Providence. 

Clerk  has  no  authority  to  perform  of  his  own  motion  acts  that  are  dis- 
cretionary with  the  committee. 

As  to  the  point  whether  the  clerk  could  legally 
order  bills  without  the  authority  of  the  school  com- 
mittee, the  commissioner  is  clearly  of  opinion,  in  ac- 
cordance with  a  decision  of  the  late  commissioner 
Hon.  Elisha  R.  Potter,  that  the  clerk  has  no  power 
whatever  to  do  any  act  that  is  discretionary  with  the 


228  SCHOOL  MANUAL. 

committee  to  do  or  not  to  do.  It  is  a  well-settled 
principle  that  such  a  body  as  a  school  committee  can- 
not delegate  to  any  one  of  its  servants  any  discretion- 
ary power.  It  may,  and  indeed  will,  often  find  it 
necessary  to  delegate  ministerial  powers,  but  it  can- 
not go  further  than  this  in  its  acts  of  delegation.  As 
these  bills  were  under  protest,  and  as  it  lay  wholly  in 
the  discretion  of  the  school  committee  to  receive  the 
schools  and  visit  them  and  allow  the  teachers  their 
bills  for  wages,  in  short,  to  make  them  legal,  it  must 
be  held  that  any  act  of  the  clerk  which  would  attempt 
to  forestall  the  action  of  the  committee  in  regard  to 
that  protest  would  be  illegal  and  void. 

ROBERT  ALLYN,  C.  P.  S. 

1856. 

See  No.  68. 
See  No.  69. 


DECISION  No.  72. 

A  single  estate  may  not  be  taken  from  one  town  to 
be  united  with  a  district  in  another  town  for  the  pur- 
pose of  forming  a  joint  district,  especially  when  other 
estates  are  as  favorably  situated  for  the  same  pur- 
pose. 

JOHN  KINGSBURY,  C.  P.  S. 

1857. 


DECISION  No.  73. 

Town  money  can  be  used  for  incidental  expenses. 

JOSHUA  B.  CHAPIN,  C.  P.  S. 

1860. 

See  No.  77. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       229 

DECISION  No.  74. 

The  power  to  expel  a  pupil  from  school  is  in  the 
hands  of  the  committee. 


1864. 


JOSHUA  B.  CHAPIN,  C.  P.  S. 


DECISION  No.  75. 

Isaac  M.  Bull  et  al.  vs.  School  Committee  of  the  Town 
of  Woonsocket 


1.  The  power  to  originally  lay  out 
or  form  school  districts  is 
vested  in  the  school  committee. 


School  committee  have  the  power 
to  discontinue  one  district, 
even  against  its  will,  and  join 
it  to  another. 


This  is  an  appeal  from  the  decision  and  doings  of 
the  school  committee  of  Woonsocket,  the  effect  of 
which  was  to  discontinue  district  No.  10  and  to  en- 
large No.  9,  so  as  to  include  the  territory  previously 
within  No.  10. 

The  commissioner  of  public  schools  lays  before  us 
a  statement  of  the  facts  of  the  case,  agreed  to  both 
by  the  appellants  and  appellees,  for  our  decision. 
These  facts  are:  "1.  The  three  villages  of  Globe, 
Bernon,  and  Hamlet  were  originally  parts  of  the  town 
of  Smithfield,  and  were  each  organized  as  independ- 
ent school  districts.  2.  When  these  districts  were 
set  off  from  Smithfield  and  annexed  to  Woonsocket, 
they  retained  their  original  district  organization,  suf- 
fering no  change  except  that  of  name,  the  Globe  Dis- 
trict henceforth  being  known  as  No.  8,  Bernon  as  No. 
9,  and  Hamlet  as  No.  10.  3.  At  a  legal  meeting  of 

20 


230  SCHOOL  MANUAL. 

the  school  committee  of  Woonsocket  held  June  6, 
1873,  it  was  voted,  that  district  No.  10  at  Hamlet  be 
and  it  is  discontinued;  also  that  the  boundaries  of 
district  No.  9  be  established  so  as  to  include  what 
formerly  belonged  to  both  Nos.  9  and  10." 

The  question  raised  upon  these  facts  by  the  appeal 
is,  did  the  school  committee  have  power  to  discon- 
tinue district  No.  10  and  to  alter  the  boundaries  of 
district  No.  9  so  as  to  include  the  territory  previously 
within  No.  10,  the  voters  in  these  districts  having 
never  voted  to  consolidate  them? 

Section  3,  cap.  53,  of  the  General  Statutes  pro- 
vides, that  "The  school  committee  may  alter  and 
discontinue  school  districts,  and  shall  settle  their 
boundaries  when  undefined  or  disputed  ;  but  no  new 
district  shall  be  formed  with  less  than  forty  children 
between  the  ages  of  four  and  sixteen,  unless  with  the 
approbation  of  the  commissioner  of  public  schools." 
The  school  committee  rely  upon  this  section  as  author- 
ity for  their  action.  It  certainly  seems  sufficient. 

The  appellants,  however,  contend  that  such  a  con- 
struction of  the  section  above  quoted  is  inconsistent 
with  other  provisions  of  the  statutes  relating  to  pub- 
lic schools.  They  refer  to  §  2,  cap.  -47,  of  the  General 
Statutes,  "  Of  the  powers  and  duties  of  towns  .  .  . 
relative  to  public  schools,"  which  is,  "Any  town  may 
be  divided  by  a  vote  thereof  into  school  districts,"  and 
argue  that  under  the  construction  claimed,  it  would 
be  possible  for  a  school  commitee  to  nullify  the  action 
of  the  voters  of  a  town.  They  also  refer  to  §  5,  cap. 
50,  of  the  General  Statutes,  "Of  joint  school  dis- 
tricts," by  which  "  any  two  or  more  adjoining  school 
districts  in  the  same  town  may  by  concurrent  vote, 
with  the  approbation  of  the  school  committee,  unite 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       231 

and  be  consolidated  into  one  district,  for  the  purpose 
of  supporting  public  schools,  and  such  consolidated 
district  shall  have  all  the  powers  of  a  single  district," 
and  contend  that  the  construction  claimed  renders 
this  section  practically  useless,  since  if  a  school  com- 
mittee may  first  discontinue  a  district  and  then  en- 
large an  adjoining  district  so  as  to  include  the  one 
discontinued,  a  consolidation  of  the  two  may  be 
effected  by  the  action  of  the  school  committee  alone, 
tvithout  the  concurrent  votes  of  the  districts;  and  a  re- 
sult may  thus  be  accomplished  indirectly  in  a  man- 
ner different  from  that  provided  for  accomplishing 
the  same  result  directly. 

The  appellants  also  refer  to  cap.  48,  of  the  Gen- 
eral Statutes,  "  Of  the  powers  of  school  districts," 
by  which  school  districts  are  made  bodies  corporate 
and  vested  with  certain  powers  necessary  for  the  dis- 
charge of  their  duties. 

The  appellants  assert  that  §  3,  cap.  53,  of  the 
General  Statutes  should  be  so  construed  as  to  har- 
monize with  these  several  sections  to  which  they  refer, 
and  suggest  that  all  the  General  Assembly  intended 
was,  that  school  committees  should  alter  and  establish 
the  boundaries  of  school  districts  when  undefined  or 
disputed,  and  form  new  districts  from  parts  of  dis- 
tricts, w~hen  from  any  cause  it  should  become  desirable 
to  sub-divide  existing  districts,  and  should  only  wholly 
discontinue  or  abolish  a  district  with  its  consent. 

Doubtless  all  these  provisions  of  the  statutes  are 
to  be  so  construed  as  to  make  them  consistent  and  to 
give  effect  to  all.  But  is  the  construction  claimed  for 
§  3,  cap.  53,  really  inconsistent  with  the  proper  con- 
struction of  the  other  sections  of  the  statutes  to 
which  our  attention  has  been  directed  ?  We  think  not. 


232  SCHOOL  MANUAL. 

The  language  of  the  iirst  of  these — §  2,  cap.  47— 
is,  "  Any  town  may  be  divided,  by  a  vote  thereof,  into 
school  districts."  This  may  mean  either  that  the 
town  may  divide  itself  by  its  vote,  or  that  it  may  be 
divided,  if  it  shall  so  vote.  We  think  that  the  true 
construction  is  the  latter.  When  a  town  has  voted 
that  it  be  divided  into  school  districts  its  power  has 
ceased.  It  then  becomes  the  duty  of  the  school  com- 
mittee to  lay  off  the  districts  and  define  their  limits, 
the  only  limitation  upon  their  power  being,  that  "  no 
new  district  shall  be  formed  with  less  than  forty 
children  between  the  ages  of  four  and  sixteen,  unless 
with  the  approbation  of  the  commissioner  of  public 
schools."  It  is  true  that  in  the  present  statute  no  ex- 
press authority  is  given  to  school  committees  to  form 
districts,  but  we  think  it  is  necessarily  implied  by  the 
language  of  this  limitation.  Some  of  the  obvious 
reasons  for  this  construction  of  §  2,  cap.  47,  are, — 

1.  The  form  of  the  expression  is  the  passive  "may 
be  divided" 

2.  If  the  other  construction  be  adopted,  there  is  no 
limitation  upon  the  power  of  towns  in  the  formation 
of  districts  as  to  the  number  of  children  which  such 
districts  shall  contain. 

3.  The  districts  can  be  laid  off  and  their  limits 
defined   much   more  intelligently  by  a  body  like  a 
school  committee  than  by  a  town. 

4.  Our  construction  is  more  consonant  with   the 
policy  of  the  school  laws,  which  vest  the  ultimate  con- 
trol and  direction  of  school  affairs,  subject  to  appeal 
to  the  commissioner  of  public  schools,  in  the  school 
committees. 

A  review  of  the  legislation  upon  the  subject   of 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       233 

forming  school  districts  confirms  the  construction 
which  we  have  adopted. 

The  second  provision  of  the  statutes  to  which  the 
appellants  have  directed  our  attention  as  inconsistent 
with  the  construction  claimed  for  §  3,  cap.  53,  is  §  5, 
cap.  50.  The  purpose  of  this  latter  section  was  to 
enable  adjoining  districts  in  the  same  town,  where 
the  compactness  and  number  of  the  population 
would  warrant,  to  unite  for  the  purpose  of  maintain- 
ing public  schools, — the  advantages  of  which  are  too 
apparent  to  be  dwelt  upon,— and  as  an  inducement 
to  so  unite,  §  6  provides  that  such  consolidated  dis- 
trict shall  be  entitled  to  receive  the  same  proportion 
of  public  money  as  the  districts  composing  it  would 
receive  if  not  united  ;  but  they  are  not  permitted  to 
unite  except  with  the  approbation  of  the  school 
committee,  or,  on  appeal,  of  the  commissioner  of 
public  schools.  We  do  not  think  that  this  power  of 
voluntary  consolidation  conferred  upon  adjoining 
districts  was  intended  to  prevent  the  school  commit- 
tees from  consolidating  two  or  more  districts,  if  in 
their  opinion  the  interests  of  the  schools  or  the  judi- 
cious use  of  the  public  money  required  it,  even  though 
it  should  be  against  the  wishes  of  the  districts.  The 
right  of  appeal  to  the  commissioner  of  public  schools 
would  restrain  and  afford  a  remedy  against  the  arbi- 
tary  exercise  of  such  power  by  a  school  committee. 

The  third  ground  of  objection  urged  by  the  appel- 
lants to  the  construction  of  §  3,  cap.  53,  claimed  by 
the  appellees,  is  that  under  that  construction  school 
committees  have  power  to  discontinue  school  districts 
without  their  consent.  We  do  not  deem  this  a  valid 
objection. 

By  the  school  laws  of  Massachusetts,  cap.  23,  §  24, 

20* 


234  SCHOOL  MANUAL. 

of  the  Revised  Statutes  as  construed  in  Richards  v. 
Daggett,  4  Mass.  534,  and  Allen  v.  School  District  No. 
-2  in  Westport,  15  Pick.  35,  towns  had  power,  from 
time  to  time,  to  form  new  districts  and  to  divide  or 
alter  the  limits  of  old  ones.  School  districts  were 
&lso  corporations,  with  powers  similar  to  those  of 
our  own.  In  School  District  No.  1  in  Stoneham  v. 
Richardson.  23  Pick.  62,  Morton,  J.,  in  the  opinion 
of  the  court,  says:  "But  school  districts  are  corpora- 
tions not  only  very  limited  in  their  powers,  but  also 
of  precarious  existence.  They  may  not  only  be 
varied  and  modified  in  the  extent  of  their  territorial 
limits,  but  also  annihilated  by  a  body  over  which 
they  have  no  control."  Again,  on  page  69,  he  says  : 
"  The  power  of  towns  to  form  new  districts  at  their 
discretion  necessarily  implies  the  power  of  abolish- 
ing the  old  ones.  And  as  these  corporations  are 
brought  into  existence  without  the  volition  of  their 
members,  embracing  every  one  within  their  limits, 
nolens  volens,  so  they  may  be  abolished  without  the 
consent  and  against  the  wish  of  all  the  members." 
We  think  the  school  committee  were  authorized  to 
take  the  action  appealed  from,  and  that  the  appeal 
should  be  dismissed. 

CHARLES  MATTESON,  A.  J.  S.  C. 

1875. 

See  No.  38. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       235 


DECISION  No.  76. 

Nathan  T.  Verry  vs.  School  Committee  of  the  Town  of 
Woonsocket. 

For  general  laws  to  modify  special  laws  affecting  particular  towns,  the 
modifying  intention  of  the  legislature  must  be  clear. 

The  town  council  of  Woonsocket,  June  12,  1878, 
elected  Mr.  Verry  superintendent  of  public  schools. 
Afterwards  the  school  committee  claimed  the  right  to 
elect  the  superintendent,  and  June  24,  1878,  elected 
Mr.  White.  From  this  vote  Mr.  Verry  appealed  to 
one  of  the  justices  of  the  Supreme  Court. 

On  account  of  the  importance  of  the  question  in- 
volved, the  case  was,  by  request  of  the  justice  to 
whom  it  was  presented,  heard  before  the  full  court 
and  argued  by  counsel. 

By  the  act  incorporating  Woonsocket,  Pub.  Laws, 
cap.  666,  January  31 , 1867,  it  is  provided  that  the  coun- 
cil shall  elect  so  many  town  officers  as  by  the  laws 
of  the  State  are  or  shall  be  required,  excepting  only 
a  few  whose  election  had  been  before  provided  for  in 
the  act.  It  seems  to  have  been  the  intention  of  the 
act  to  vest  in  the  council,  with  these  exceptions,  all 
the  powers  of  the  town  in  regard  to  those  matters. 

The  election  of  superintendent  of  schools  has  been 
at  several  times  regulated  by  general  law.  See  Re- 
vised Stat,  R.  I.  cap.  60,  §  5;  Pub.  Laws,  cap.  923, 
March  24,  1871.  And  by  Gen.  Stat.  R.  I.  cap.  47,  §  5, 
1872,  now  in  force,  any  town  may  elect,  and  if  it  fails, 
the  committee  shall  elect  one.  It  is  compulsory  that 
the  town  shall  have  a  superintendent,  but  the  com- 
mittee are  to  elect  if  the  town  does  not. 


.236  SCHOOL  MANUAL. 

By  Gen.  Stat.  R.  I.  cap.  31,  §  8,  it  was  enacted  that 
""  every  town  .  .  .  shall  have  and  exercise  all  the 
powers  and  privileges  ....  conferred  upon  it 
by  its  charter  or  by  the  several  acts  of  the  General 
Assembly  specially  relating  to  it,  until  the  same  shall 
expire  by  their  own  limitation  or  shall  be  revoked 
or  repealed." 

The  present  case  involves  the  question  how  far 
special  laws  affecting  particular  towns  are  to  be 
deemed  to  be  repealed  or  altered  by  general  laws, 
without  express  mention. 

Such  cases  are  not  without  their  difficulties;  but 
while  the  power  of  the  legislature  is  undoubted,  the 
intention  should  be  plain.  It  is  obvious  that  if  the 
legislature  should  grant  to  a  town  a  right  to  do  some 
particular  thing,  and  should  afterward  enact  by  gen- 
eral law  that  no  town  should  do  it,  there  would  be  no 
doubt  as  to  the  construction.  See  cases  in  Dillon 
Municip.  Corp.  §  54,  2d  ed.;  Sedgwick  Stat.  &  Con- 
stit.  Law,  2d  ed.  99. 

In  the  present  case,  under  the  special  act,  the 
powers  of  the  town  as  a  corporation  in  this  respect 
were  to  be  exercised,  not  in  town  meeting,  but  in 
town  council,  and  the  general  law  merely  enacts  that 
if  the  town,  which  does  not  necessarily  imply  town 
meeting,  fails  to  elect,  the  school  committee  should 
•elect.  On  this  view  there  is  really  no  repugnance  be- 
tween the  general  and  special  acts. 

The  town  here  did  through  its  council  elect,  and 
the  election  by  the  school  committee  was  therefore 
illegal,  and  this  vote  must  be  reversed. 

As  there  is  nothing  in  any  of  the  special  acts  to 
which  our  attention  has  been  called  prescribing  the 
number  or  mode  of  classifying  the  committee,  there 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       237 

can,  of  course,  be  no  question  but  that  these  subjects 
must  be  regulated  by  the  General  Statutes  of  the 
State. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1870. 


DECISION  No.  77. 
Uses  of  the  Public  Money. 


1.  Public  money  may  be  used  for 
current  expenses  of  the 
schools. 


Public  money  cannot  be  used 
for  repairs  or  fixtures  to 
schoolhouses. 


As  to  the  law  concerning  the  uses  which  may  be 
made  of  the  money  raised  by  the  town  for  school  pur- 
poses, there  is  no  section  or  clause  which  specifically 
sets  forth  such  uses.  A  careful  comparison,  however, 
of  two  or  three  different  sections  of  the  law  will  at 
once  convince  one  of  the  fact  that  the  law  makes  a 
broad  distinction  between  the  "support  of  schools" 
and  the  "  providing  of  schoolhouses,  etc."  See  §§ 
1  and  3  of  cap.  50  and  §§  3  and  4,  cap.  51,  of  the 
Public  Statutes. 

But  lest  there  might  be  some  question,  we  have  had 
at  least  two  decisions  from  the  highest  authoritj^, 
covering  this  point. 

In  1851,  Judge  Potter,  then  commissioner  of  public 
schools,  decided  that  no  portion  of  the  school  monej^, 
either  State,  or  raised  by  town  tax  for  the  "  support 
of  schools,"  could  be  used  for  the  building,  furnishing 
or  repairing  of  schoolhouses  where  the  district  system 
prevailed. 

In  1858,  John  Kingsbury,  commissioner,  wrote  as 


238  SCHOOL  MANUAL. 

follows:  "  After  consulting  Chief  Justice  Ames  I 
must  decide  that  the  phrase  '  other  expenses '  in  cap. 
-64,  §  9,  Revised  School  Laws,  applies  to  expenses 
for  things  similar  to  books,  fuel,  etc.,  and  which  do 
>not  come  under  the  name  of  fixtures.  I  must  there- 
fore further  decide  that  window  curtains  are  fixtures." 

If  reference  is  made  to  the  law  above  quoted  it- 
will  be  found  to  refer  to  the  old  rate  bill  and  the  uses 
to  be  made  of  the  proceeds  thereof.  Now  since  the 
increased  appropriation  for  the  support  of  schools, 
which  the  towrns  were  obliged  to  make  w7hen  the  rate 
bill  was  abolished,  was  clearly  intended  to  supply  the 
deficiency  created  by  the  absence  of  the  rate  bill,  it 
is  equally  clear  that  one  purpose  for  which  this  in- 
creased appropriation  was  designed  must  be  identical 
with  those  for  which  the  former  fund  was  raised. 

On  the  other  hand  it  has  always  been  held,  when- 
ever the  question  has  been  raised,  that,  in  any  town 
where  the  property  was  owned  by  the  districts,  no 
part  of  the  appropriation  for  the  support  of  schools 
could  be  used  in  payment  for  such  district  property 
or  any  part  thereof. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1880. 

See  No.  73. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       239» 


DECISION  No.  78. 


School  District  No.  3,  South  Kingstown. 


The  motive  or  reason  which 
prompts  a  gift  of  land  or  money 
to  a  district  not  a  subject  of  in- 
quiry or  appeal. 

A  gift  of  land  or  money  to  a  dis- 
trict not  contrary  to  law. 


3.  The  location  of  a  schoolhouse- 
adjacent  to  one's  territory  not 
a  grievance  within  the  view  of 
the  law. 


Iii  the  appeal  case  of  C.  W.  Wilcox  from  the  ac- 
tion of  the  school  committee  of  South  Kingstown 
whereby  they  fixed  a  new  location  for  a  schoolhouse 
in  district  No.  3  of  said  town,  the  following  is  a  state- 
ment of  the  main  facts.  After  several  meetings  of 
the  district  for  the  purpose  of  considering  the  ques- 
tion of  repairing  the  old  house  and  building  a  new 
one,  at  a  meeting  held  September  5th,  an  offer  was 
received  from  W.  II.  Potter  to  give  the  district  $500, 
if  they  would  use  it  to  buy  a  lot,  called  the  Hazard 
lot,  about  fifty  rods  farther  north  on  the  same  road  as 
the  old  site.  His  offer  was  accepted  and  the  district, 
by  a  vote  of  25  to  10,  decided  to  take  that  lot  and 
build  a  new  house.  The  action  of  the  district  was 
reported  to  the  school  committee,  who  met,  examined 
all  the  sites  proposed,  heard  all  parties  interested, 
and  finally  voted  unanimously  to  locate  the  new 
house  on  the  Hazard  lot. 

The  appellant  resists  the  location  of  the  schoolhouse 
on  the  new  lot  because  it  abuts  directly  upon  his 
premises  and  he  regards  the  schoolhouse  so  near  him 
as  an  injury,  and  its  location  there  will  entail  ex- 


240  SCHOOL  MANUAL. 

pense  upon  him.  He  also  claims,  in  common  with 
some  others,  that  sufficient  reasons  do  not  exist  for  a 
change  of  site,  and  that,  even  if  they  did  exist,  the 
proposed  site  is  not  a  suitable  one. 

During  the  hearing  the  appellant  offered  evidence 
as  to  the  character  of  the  motive  or  purpose  which 
prompted  Mr.  W.  H.  Potter  to  make  his  offer  of  $500 
to  the  district,  but  it  was  ruled  out  by  the  commis- 
sioner on  the  ground  that  the  result  of  the  act,  as 
affecting  the  interests  of  the  district,  and  not  the 
motive  or  cause  for  it,  was  the  subject  of  inquiry. 

Upon  the  question  of  personal  inconvenience  raised 
by  the  appellant,  I  do  not  regard  the  alleged  grievance 
as  coming  within  the  scope  of  the  provisions  of  the 
law,  and  it  must  therefore  be  set  aside. 

As  to  the  claim  that  the  gift  of  Mr.  Potter  was  of 
the  nature  of  a  bribe  and  so  contrary  to  law,  and  the 
subsequent  action  of  the  district,  growing  out  of  it, 
void,  I  do  not  so  understand  either  the  law  or  the 
practice  under  it.  From  the  beginning  of  the  school 
system,  private  parties  have  continually  donated 
lands  and  money  to  towns  and  districts  for  school 
purposes  and  with  specific  provisions  and  conditions, 
and  I  have  never  known  it  to  be  held  that  such  gifts 
were  contrary  either  to  the  letter  or  the  spirit  of  the 
law. 

Upon  the  claim  that  sufficient  reasons  do  not  exist 
for  a  change  of  site  and  that  the  proposed  site  is  an 
unsuitable  one,  I  am  of  the  opinion  that  a  change  is 
needed,  and  that  the  Hazard  lot  is,  under  the  circum- 
stances, a  fit  and  suitable  lot  and  one  that  will  tend  to 
promote  the  best  interests  of  the  district.  I  do  there- 
fore approve  of  the  action  of  the  school  committee, 
and  confirm  their  vote  whereby  they  located  the  pro- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       241 

posed  new  schoolhouse  on  the  so-called  Hazard  lot ; 
and  the  appeal  is  dismissed. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1881. 

Approved.         CHARLES  MATTESON,  A.  J.  S.  C. 


DECISION  No.  79. 

Case  of  Appeal  of  John  Nevins  vs.  School  Commit- 
tee of  Cranston. 


A  change  from  one  edition  of  a 
text- book  to  another  edition  of 
the  same  book  not  a '"  change  " 
of  text-books. 

The  notice  of  the  proposed 
"  change  "  required  bylaw  does 
not  include  a  specification  of 
the  particular  book  to  be  in- 
troduced. It  is  enough  to 


state  the  kind  it  is  proposed  to- 
change. 

Notice  must  be  given  at  a  regular 
meeting  of  the  committee,  but 
action  may  be  taken  on  the- 
question  at  any  subsequent 
meeting,  provided  proper  time, 
has  elapsed  since  the  notice. 


The  facts  appear  to  be  as  follows  :  In  1880  the- 
agent  -of  Warren's  geographies  visited  the  several 
members  of  the  school  committee  of  Cranston  with 
reference  to  the  introduction  into  the  schools  of  their 
revised,  or  N.  E.,  edition,  as  it  is  called.  After  inter- 
views with  all  of  the  committee,  the  chairman  of  the 
committee  ordered  of  the  publishers,  Messrs.  Cowper- 
thwait  &  Co.,  a  lot  of  the  N.  E.  edition,  which  were 
sent  to  him  with  authority  to  put  them  into  the 
schools  at  what  are  called  exchange  or  introductions 
rates.  No  minute  however  appears  on  the  records- 
of  the  committee  of  any  action  by  them  relative  ta 
this  matter. 

21 


242  SCHOOL  MANUAL. 

After  the  receipt  of  these  books,  the  chairman  noti- 
fied part  of  the  schools,  and  possibly  all,  that  the 
pupils  could  change  their  geographies  in  accordance 
with  the  terms  as  given  to  him.  But  in  no  case  were 
the  pupils  compelled  to  make  this  change  ;  it  was 
left  optional  with  them  and  the  teacher. 

At  the  regular  meeting  of  the  school  committee, 
Januar}^  9,  1882,  the  following  written  notice  of  a 
proposed  change  in  geographies  was  given  by  Mr.  J. 
A.  Latham,  one  of  the  committee  :  "  Notice  is  here- 
by given  the  school  committee  that  the  matter  of 
changing  the  text-books  upon  -geography  be  con- 
sidered at  some  future  meeting."  Upon  the  records 
of  a  special  meeting,  held  February  4,  1882,  the  fol- 
lowing minute  appears  :  "  The  notice  in  relation  to 
Harper  &  Bros',  geography  was  brought  forward  and 
action  thereon  deferred  till  next  meeting." 

At  the  adjournment  of  this  meeting,  February  llth, 
the  following  action  on  this  subject  was  taken. 

Voted,  "That  it  is  advisable  to  adopt  Harper  & 
Bros',  geographies  for  the  use  of  the  public  schools 
of  this  town." 

It  is  from  this  vote  of  the  school  committee  that 
the  appeal  is  taken. 

I  am  of  the  opinion  :  First.  That  no  change  in 
text-books  was  made  by  the  committee  in  1880.  It  is 
certain  that  no  legal  change  was  made,  as  no  record 
exists  of  any  such  action,  nor  is  there  any  claim  that 
the  committee  ever  took  action  as  a  body  on  that  ques- 
tion. But  it  is  claimed  that  there  was  a  de  facto 
change,  and  that  the  law  was  framed  to  protect  the 
people  from  actual  changes.  Without  deciding  how 
far  there  may  be  a  de  facto  change,  which  is  not  a  de 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      243 

jure  change,  I  am  quite  clear  in  this  case,  there  was 
no  such  mandatory  and  general  change  as  would 
justify  any  one  in  claiming  that  a  change  in  text- 
books had  been  made.  Again  it  is  claimed  by  the 
respondents,  and  I  think  justly,  that  the  substitution 
of  one  edition  of  the  same  book  for  another  edition, 
even  if  the  second  is  fuller  and  in  many  respects 
better  than  the  first,  is  not  a  change  as  contemplated 
by  the  law.  In  such  cases  the  two  books  are  not 
different  books,  but  different  forms  of  the  same  book. 
The  only  case  where  such  a  claim  could  be  main- 
tained, would  be  where  the  book  had  been  re-written 
and  made  so  entirely  unlike  the  old  one  that  the  two 
could  not  be  used  together. 

Second.  I  am  of  the  opinion  that  the  notice  given 
January  9th  was  a  legal  notice.  The  law  requires 
that  a  "  notice  of  the  proposed  change "  shall  be 
given  in  writing  at  "a  previous  regular  meeting."  The 
notice  in  question  was  given  in  writing  by  a  mem- 
ber of  the  committee  and  constitutes  a  part  of  the 
record  of  the  meeting  of  January  9th,  which  was  a 
regular  meeting  of  the  committee,  so  that  there  can 
be  no  question  either  as  to  the  fact  of  its  having  been 
in  writing,  or  as  to  the  time  when  it  was  given.  As 
to  the  character  of  the  notice  I  do  not  think  that  the 
words  "  proposed  change  "  cover  more  than  the  spec- 
ification of  the  kind  of  text-book  which  it  is  designed 
to  change. 

It  is  also  claimed  that  the  notice  lacks  defi niteness  be- 
cause it  refers  to  some  future  meeting.  But  the  law 
says  that  the  notice  must  be  given  at  a  previous  reg- 
ular meeting,  which  certainly  allows  some  latitude. 
It  could  not  have  been  intended  that  it  must  be 
given  at  the  preceding  regular  meeting,  for  in  that 


244  SCHOOL  MANUAL. 

case  the  law  would  have  used  that  word,  so  that  I  see 
no  deficiency  in  this  particular. 

Third.  I  am  of  the  opinion  that  the  meeting  of 
February  llth  was  clothed  with  the  power  to  consider 
the  question  of  making  a  change  of  text-books  in 
geography,  because  the  fact  that  the  law  does  not 
specify  that  the  changes  shall  be  made  at  a  regular 
meeting,  while  it  does  so  specify  with  regard  to  the 
"  notice,"  is  conclusive  evidence  that  it  was  not  in- 
tended to  apply  the  same  restriction  in  both  cases. 

THOMAS  B.  STOCKWELL,  0.  P.  S. 

1882. 

Approved.         CHARLES  MATTESON,  A.  J.  S.  C. 


DECISION  No.  80. 
Stephen  C.  Arnold  vs.  School  Committee  of  Scituate. 

1.    School  committee  have  no  juris-  1  sioner   from  the  failure   of   a 

diction  in  case  where  "unlawful  school  committee  to  sustain  the 


#,nd    aggravated    assault"    is 
charged  upon  a  teacher. 
2.    No  appeal  lies   to  the  commis- 


charges    made    in    a    matter 
brought  before  them. 


In  the  matter  of  the  appeal  of  S.  C.  Arnold  from  a 
certain  decision  of  the  school  committee  of  the  town 
of  Scituate,  made  by  them  on  the  4th  day  of  Feb- 
ruary, 1882,  in  which  they  declared  that  a  certain 
charge  of  "  unlawful  and  aggravated  assault,"  pre- 
ferred by  said  Arnold  against  Miss  Elizabeth  J. 
Smith,  teacher  in  school  district  No.  5  of  said  town 
of  Scituate,  "was  not  sustained,"  the  appeaHs  dis- 
missed for  the  following  reasons: 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       245 

First.  I  am  of  the  opinion  the  school  committee 
had  no  jurisdiction  over  the  complaint  made  to  them, 
and  therefore  no  appeal  can  lie  to  the  commissioner. 

Second.  If  the  doings  of  the  committee,  which  are 
complained  of,  related  to  a  charge  which  could  be 
properly  investigated  by  them,  I  do  not  think  that 
their  failure  to  sustain  said  charges  can  be  regarded 
as  a  cause  of  grievance  under  our  statutes.  By  such 
a  decision  they  neither  violate  any  right  of  any  party, 
nor  deny  him  anj7thing  which  is  guaranteed  him  by 
the  laws;  they  simply  exercise  a  discretionary  power 
which  is  lodged  in  their  hands  by  the  statutes,  and 
over  which  neither  commissioner  nor  court  has  any 
control. 

For  the  above  reasons,  therefore,  I  do  hereby  de- 
clare said  appeal  to  be  dismissed. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1882. 

Approved.         CHARLES  MATTESON,  A.  J.  S.  C. 


DECISION  No.  81. 

Appeal  of  A.   W.  Kenyon  vs.  School  Committee  of 
Richmond. 

The  school,  and  not  the  district,  is  now  made  the  basis  of  the  apportionment 
of  the  school  money. 

AGREED   STATEMENT   OF    FACTS. 

In  the  matter  of  the  appeal  of  A.  W.  Kenyon, 
trustee  of  joint  district  No.  4  of  Richmond  and  No. 
17  of  South  Kingstown,  from  the  action  of  the  school 
committee  of  Richmond  in  dividing  the  public  money 

21* 


246  SCHOOL  MANUAL. 

for  the  year  1888-89  the  following  statement  of  facts 
was  agreed  upon  by  the  appellant  and  Charles  J. 
Greene,  clerk  of  the  school  committee: 

That  school  district  No.  4  of  Richmond  is  united 
with  school  district  No.  17  of  South  Kingstown  to 
form  a  joint  district,  so  called,  under  the  provisions 
of  §  8,  cap.  53  of  the  Public  Statutes,  with  the  school- 
house  located  in  South  Kingstown. 

That  during  the  year  ending  April  30,  1888,  there 
was  an  average  attendance  of  eleven  scholars  from 
district  No.  4  of  Richmond. 

That  on  the  second  day  of  July,  1888,  the  school 
committee  of  Richmond  met  and  passed  the  follow- 
ing vote,  to  wit:  Voted,  To  divide  the  public  school 
funds  for  the  year  1888-9  among  the  several  districts 
by  allowing  for  each  school  $172,  and  for  each  pupil 
per  yearly  average  $6.50,  and  that  the  remainder  be 
reserved  for  tuition  and  printing  after  allowing  dis- 
trict No.  4  $50  additional. 

The  appellant  claims  : — That  school  district  No.  4 
of  Richmond,  being  a  whole  district,  duly  formed  and 
created  in  accordance  with  law,  is,  as  such,  entitled 
to  the  same  recognition  in  the  matter  of  the  appor- 
tionment of  the  public  money  as  any  other  district 
in  the  town. 

That  according  to  the  report  of  the  school  commit- 
tee and  in  the  eye  of  the  law  the  district  maintained 
a  school  and  still  maintains  it,  and  hence  is  entitled 
to  its  just  share  and  proportion  of  the  public  money 
under  the  law. 

That  the  fact  that  said  district  No.  4  is  joined 
with  district  No.  17  of  South  Kingstown  does  not  in 
the  least  degree  interfere  with,  or  destroy,  its  claims 
upon  the  public  money. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       247 

That  by  virtue  of  §§  8  to  11  inclusive,  cap.  53  of 
the  Public  Statutes,  said  district  No.  4  is  entitled  to 
the  same  recognition  by  the  school  committee  of 
Richmond  as  if  it  were  an  independent  district,  and 
maintained  a  school  within  its  own  territorial  limits. 

That  under  the  provision  contained  in  cap.  689  of 
the  Public  Laws,  said  district  No.  4  is  entitled  to  at 
least  one  hundred  and  eighty  dollars. 

Charles  J.  Greene,  for  the  school  committee,  claims 
that  as  there  is  but  one  school  in  the  joint  district, 
and  that  is  located  and  maintained  in  district  No.  17, 
South  Kingstown,  said  school  cannot  be  at  the  same 
time  maintained  in  district  No.  4,  Richmond. 

That  district  No.  4,  Richmond,  does  not  at  all  main- 
tain a  school  in  the  sense  recognized  by  the  law,  and 
hence  that  the  committee  were  not  obliged,  under  the 
provision  of  cap.  689  of  the  Public  Laws,  to  apportion 
to  said  district  the  minimum  amount  specified  in  said 
chapter;  but  that  the  amount  to  be  allotted  for  the 
pupils  residing  in  said  district  was  within  the  dis- 
cretion of  the  committee. 

That  the  provision  at  the  end  of  said  cap.  689,  by 
its  very  terms,  making  the  school  and  not  the  district 
the  basis  of  the  division,  precludes  the  claim  of  the 
district  as  such. 

OPINION. 

Under  Public  Laws  R.  I.  cap.  689,  the  school,  and 
not  the  district,  is  made  the  basis  of  apportionment 
of  the  school  money.  The  town's  proportion  of  the 
$120,000,  received  from  the  state,  and  the  one-fourth 
•at  least  of  the  town's  appropriation  for  the  support 
of  schools  is  to  be  apportioned  by  the  school  commit- 


248  SCHOOL  MANUAL. 

tee  among  the  districts  equally,  according  to  the  num- 
ber of  schools  maintained  in  each,  the  remainder  of 
the  town's  appropriation,  moneys  received  from  reg- 
istry and  dog  taxes,  from  school  funds  and  other 
sources  is  to  be  divided  into  two  equal  parts,  one  of 
which  is  to  be  apportioned  to  the  several  districts 
according  to  the  average  attendance  of  the  schools 
therein  for  the  year  preceding,  and  the  other  is  to 
be  apportioned  at  the  discretion  of  the  committee. 

The  proviso  of  §  1  of  the  chapter  is  that  the  total 
apportionment  for  each  school  shall  not  be  less  than 
$180. 

I  am  of  the  opinion,  therefore,  that  inasmuch  as 
no  school  is  maintained  in  district  No.  4,  Richmond, 
that  district  is  not  entitled  as  of  right  to  any  portion 
of  the  school  money,  but  only  to  such  sum  as  the 
committee  in  the  proper  exercise  of  its  discretion 
shall  allow. 

Public  Statutes  R.  I.  cap.  53,  §  U ,  relied  upon  by 
the  appellant  in  support  of  his  claim,  being  inconsis- 
tent with  Public  Laws  cap.  689,  was  repealed  by  §  2 
of  said  cap.  G89. 

CHARLES  MATTESON,  A.  J.  S.  C. 

1888. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      249 


TEACHERS. 


DECISION   No.  82. 

Case  of  Layton  E.  Seamans  vs.  School  Committee  of 
Coventry. 

1.    Committee  have  a  legal  right  to    2.    A  teacher,  having  been  dismissed, 
refuse  to  examine  a  teacher  as  cannot  draw  teachers'  money, 

to  literary  qualifications  if  they  j 
are  dissatisfied  with  his  moral 
character. 

Layton  E.  Seamans  applied  to  the  school  commit- 
tee of  Coventry  for  examination  as  a  teacher  of  a 
public  school.  The  committee,  however,  as  they  had 
a  legal  right,  and  as  they  thought  upon  their  oaths 
they  were  bound  to  do,  refused  to  examine  him  as  to 
his  literary  qualifications,  on  the  ground  that  they 
considered  his  moral  qualifications  insufficient  for 
the  requirements  of  the  law.  Mr.  Seamans  then  suc- 
ceeded in  obtaining  a  county  certificate  (under  Law 
of  1851)  from  a  county  inspector  in  Providence  county, 
and  also  obtained  the  counter  signature  of  the  com- 
missioner of  public  schools  ;  both  of  these  gentlemen 
supposing  that  no  objections  had  ever  been  made  to 
Seamans'  moral  character.  With  this  certificate  thus 
countersigned,  Mr.  Seamans  entered  the  school  in 
district  No.  5,  Coventry,  as  a  teacher.  He  gave  no 
notice  of  beginning  to  the  school  committee,  neither 
did  he  in  any  way  conform,  or  show  a  disposition  to 


250  SCHOOL  MANUAL. 

Conform,  to  the  rules  of  the  said  committee  for  the 
government  or  instruction  of  the  schools  of  their 
town. 

On  the  26th  of  January,  1855,  the  committee  for- 
mally dismissed  him  from  his  school,  on  account,  as 
they  alleged,  of  his  having  fraudulently  procured 
the  above-named  county  certificate,  and  non-compli- 
ance with  their  regulations. 

Mr.  Seamans,  however,  continued  his  school  to  the 
close  of  his  term,  when  the  school  committee  granted 
him  an  order  for  the  money  to  pay  his  wages  for  the 
time  previous  to  January  26th,  1855,  and  refused  to 
grant  an  order  for  the  time  subsequent.  It  was  from 
this  refusal  that  the  appeal  was  taken. 

The  commissioner  is  of  opinion  that  the  vote  of  the 
school  committee,  by  which  Mr.  Seamans  was  dis- 
missed, was  a  legal  and  proper  vote,  and  in  accord- 
ance with  the  56th  section  of  the  act  relating  to  pub- 
lic schools,  which  gives  to  a  school  committee  the 
power  to  dismiss  a  teacher,  b}r  whomsoever  examined, 
for  just  cause.  The  cause  which  they  alleged  ap- 
pears to  be  a  just  and  sufficient  one.  They  had  after 
this  dismissal  no  right,  according  to  the  21st  section 
of  the  act  above  referred  to,  to  grant  any  order  to 
Mr.  Seamans  for  services  performed  as  a  school 
teacher  in  any  of  the  schools  of  the  town,  subsequent 
to  the  time  when  he  was  informed  of  the  act  of  the 
school  committee  by  which  he  was  dismissed.  The 
vote  of  the  school  committee  is  therefore  affirmed. 

ROBERT  ALLYN,  C.  P.  S. 

1855. 

•See  No.  66. 
See  No.  67. 
See  No.  68. 
•See  No.  69. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       251 


DECISION  No.  83. 

Case  of  Emor  Smith  vs.  School  Committee  of  Smith- 
field. 


The  act  of  one  member  of  a 
committee  not  the  act  of  the 
committee. 

Notice  to  a  teacher  that  he  is  on 
trial  is  sufficient  to  proceed 
with  annulment,  after  the  trial. 


Possession  of  a  certificate  enti- 
tles teacher  to  a  trial  before 
annulling. 

Failure  to  properly  instruct  and 
govern,  good  cause  for  annul- 
ling. 


In  this  case  a  certificate  Avas  legally  issued  to  the 
appellant,  and  subsequently  the  clerk  of  the  commit- 
tee visited  his  school  and  not  being  satisfied  there- 
with immediately  sent  a  note  to  the  trustee  that  he 
had  annulled  the  certificate,  but  sent  no  notice  to  the 
teacher.  Another  teacher,  however,  was  hired  by  the 
trustee.  Smith  appealed  to  the  commissioner  of  pub- 
lic schools,  and  a  partial  hearing  took  place  on  the 
27th  of  January  ;  and  on  the  31st,  the  committee  fail- 
ing to  appear,  the  act  of  Holmes,  the  clerk,  was  de- 
cided to  be  void,  since  in  fact  no  annulment  had  been 
made,  nothing  but  a  notice  having  been  sent  to  the 
trustee  that  such  annulment  was  made. 

The  school  committee  of  Smithfield,  however,  met 
on  the  29th  of  January,  and  by  a  unanimous  vote  pro- 
ceeded to  annul  the  certificate  of  said  Smith,  given 
him  by  Harvey  Holmes  and  dated  December  16, 1854, 
"for  deficiency  and  want  of  qualification."  It  is 
from  this  vote  that  the  appeal  is  taken,  and  in  refer- 
ence to  this  that  the  following  decisions  are  made. 

The  first  point  made  by  the  appellant  was  that  the 
decision  reversing  the  act  of  Holmes,  made  on  the 
31st  of  January,  was  necessarily  conclusive  in  this,. 


252  SCHOOL   MANUAL. 

and  reversed  it  also.  That,  however,  was  clearly  an 
illegal  act  done  by  a  single  member  of  the  commit- 
tee, to  whom  no  such  power  to  annul  was  ever  dele- 
gated,— in  fact,  there  is  no  evidence  to  show  that 
Holmes  ever  wrote  an  annulment.  He  undoubtedly 
supposed  that  he  had  annulled  the  certificate  of 
Smith,  but  the  contrary  is  clear  ;  and  therefore  the 
committee  were  at  liberty  to  take  original  action  in 
the  case.  It  is  their  act  that  is  to  be  examined  on  its 
own  merits.  And  this  can  only  be  justified  where  it 
is  shown  that  the  circumstances  of  the  case  actually 
called  for  this  course  on  their  part. 

A  second  point  made  for  the  appellant  was,  that 
he  had  no  notice  of  the  intention  of  the  committee  to 
annul  his  certificate,  and  therefore  he  had  no  oppor- 
tunity for  trial  and  defence.  It  is  believed  on  this 
point,  that  the  conversation  which  passed  between 
him  and  the  examiner  was  notification  enough  that  he 
was  to  have  four  weeks  for  trial  and  practical  demon- 
stration of  his  ability  to  teach  and  to  govern  in  the 
schoolroom.  And  this  is  a  better  form  and  mode  of 
trial  than  can  be  had  elsewhere.  It  is  therefore  de- 
cided that  such  a  trial  is  sufficient,  especially  as  the 
teacher  always  has  an  appeal,  where  it  can  be  exam- 
ined whether  the  trial  in  the  school  was  fair  and  suffi- 
cient. 

The  points  made  by  the  committee  were  two  : 

1.  That  Smith  was  not  qualified  in  literary  attain- 
ments for  the  office  of  teacher. 

2.  That  he  failed  to  comply  with  the  regulations 
for  the  schools  of  Smithfield  made  by  the  school  com- 
mittee, and  that  he  failed  to  impart  instruction  and 
to  govern  his  school  in  a  proper  manner. 

On  the  first  of  these  points,  the  commissioner  does 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.        253 

not  feel  bound  to  go  back  of  the  certificate  of  the 
committee.  They,  or  their  clerk,  gave  him  a  certifi- 
cate in  proper  form,  under  their  oath,  after  due  exam- 
ination and  consideration  of  the  circumstances.  It 
must  therefore  be  held  that  he  was  qualified,  at  least, 
to  make  a  trial  of  his  skill  in  the  schoolroom. 

The  case  then  must  turn  wholly  on  the  questions^ 
whether  or  not  Smith  did  conipty  with  the  regulations 
of  the  school  committee,  and  whether  he  did  really 
properly  instruct  and  govern  his  school.  The  testi- 
mony on  this  point  was  large  in  amount  and  conflict- 
ing in  character. 

From  the  facts  in  the  case,  as  they  appear  to  the 
commissioner  of  public  schools,  it  seems  to  him  that 
the  school  committee  of  Smithfield  only  discharged 
the  duty  imposed  upon  them  by  the  law  and  by  their 
oath  of  office,  and  their  act  of  annulling  the  certifi- 
cate of  the  said  Smith  ought  to  be  sustained. 

ROBERT  ALLYN,  C.  P.  S. 
1855. 
Approved.       WILLIAM  K.  STAPLES,  C.  J.  S.  C. 

See  No.  68. 
See  No.  69. 
See  No.  71. 


DECISION  No.  84. 

A  teacher  cannot  be  required  to  make  fires  in  a 
schoolroom.  j 

ROBERT  ALLYN,  C.  P.  S."  / 

1855.  f 

See  No.  70. 


254 


SCHOOL  MANUAL. 


DECISION  No.  85. 

Appeal  of  L.  A.   Freeman  &  R,.   E.   Budlong  vs. 
School  Committee  of  Cranston. 

1.    In  towns  without  districts  school  I  3.    After  a  formal  vote  to  appoint, 


committees  are  not  obliged  to 
issue  a  certificate  of  qualifica- 
tion before  engaging  a  teacher. 
School  committee  may  determine 
qualifications  of  a  teacher  by 
other  means  than  examination. 


and  notice  of  same  to  teacher, 
school  committee  have  no  right 
to  interpose  an  examination  or 
other  condition. 


In  this  case  it  appears  that  the  school  committee  of 
Cranston,  on  July  8th,  "  appointed  Miss  Jeanette  H. 
Ram  age  to  teach  in  grades  4  and  5  in  district  No.  4, 
at  a  salary  of  eleven  dollars  per  week,  for  one  term" 
and  on  the  following  day  notice  of  her  appointment 
was  sent  to  her  through  the  mail  by  the  clerk  of  the 
committee,  and  her  acceptance  was  received  by  him 
in  due  time.  The  last  of  August  Miss  Ramage  was 
notified  by  the  superintendent  that  she  would  be  ex- 
pected to  appear  for  an  examination  the  week  before 
the  schools  were  to  be  open. 

As  Miss  Ramage  was  sick  she  could  not  be  present 
at  that  time,  and  it  was  not  until  the  first  of  October 
that  she  was  able  to  take  up  her  duties.  On  Monday, 
Oct.  7,  she  reported  for  duty  at  the  school  to  which 
she  had  been  appointed,  but  was  met  there  by  the 
superintendent  who  forbade  her  teaching  until  she 
had  taken  the  examination,  which  was  required  by 
the  rule  of  the  committee.  After  some  discussion  an 
arrangement  was  effected  whereby  Miss  Ramage  was 
to  take  the  examination  Monday  night  and  Tuesday, 
which  she  did.  At  the  close  of  the  examination,  on 
asking  if  she  was  to  take  charge  of  the  school  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      255 

next  day,  the  superintendent  told  her  that  she  was 
not  to  teach  until  she  heard  from  him.  On  Thursday 
morning  she  received  a  letter  from  him  announcing 
that  the  average  of  her  examination  fell  below  the 
percentage  required  by  him,  and  that  he  must  refuse 
to  give  her  permission  to  teach. 

In  consequence  thereof  Miss  Ramage,  though  ready 
and  waiting,  was  unable  to  fulfill  her  engagement. 

The  question  at  issue  here  is,  was  the  school  com- 
mittee of  Cranston  authorized  in  the  circumstances 
to  refuse  Miss  Ramage  permission  to  teach  in  the 
school  in  the  Edgewood  district  to  which  she  had  been 
appointed. 

There  is  no  dispute  over  the  terms  of  the  formal  ac- 
tion of  the  committee  on  July  8th,  and  of  the  official 
notification  thereof  to  Miss  Ramage.  It  remains  to 
consider  what  was  the  nature  of  that  action  and 
whether  the  school  committee  were  authorized  under 
the  law  to  take  it.  It  would  certainly  seem  that  the 
vote  of  the  committee  was  an  explicit  and  definite 
appointment  to  teach  a  given  school  for  one  term, 
without  any  condition  or  qualification.  And  the 
notice  sent  her  by  the  clerk  seems  to  be  capable  of 
no  other  construction  or  interpretation. 

That  it  was  so  considered  by  Miss  Ramage  is  shown 
by  the  nature  and  tenor  of  her  repty,  and  her  imme- 
diate resignation  of  the  position  held  by  her  in 
Shenandoah,  Pa. 

We  now  come  to  consider  whether  the  school  com- 
mittee had  the  authority  to  make  such  an  appoint- 
ment. Under  the  original  organization  the  schools 
of  Cranston  were  carried  on  under  the  district  sys- 
tem and  the  teachers  were  hired  by  the  trustees,  but 
in  1892  the  town  voted  to  abolish  the  school  districts 


256  SCHOOL  MANUAL. 

and,  by  virtue  of  §  3  of  cap.  447  of  the  Public  Laws, 
the  school  committee  became  clothed,  among  other 
powers  and  duties,  with  that  of  hiring  all  of  the 
teachers.  The  sections  of  the  law  bearing  upon  the 
powers  and  duties  of  the  school  committee  in  this 
connection  were  very  evidently  drafted  with  refer- 
ence to  the  management  of  the  schools  under  the 
district  system,  that  being  the  almost  universal  form 
of  management  when  the  law  was  first  framed. 
About  the  only  change  in  any  of  the  sections  is  the 
one  made  in  §  1,  cap.  57,  where  the  words,  "by 
any  trustee,"  were  inserted  in  the  law  in  the  re- 
vision of  1882,  which  clearly  shows  that  it  was  in- 
tended to  relieve  the  school  committee,  in  cases  where 
they  hired  the  teacher,  from  the  formality  of  issuing 
certificates  to  those  whom  they  had  decided  to  hire. 
Section  7,  chapter  56,  says  "The  school  committee 
may  examine  "  etc,  but  the  word  "  may  "  is  used  in- 
stead of  "shall,"  as  in  the  next  two  sections  with 
reference  to  other  duties,  showing  that,  even  when 
they  were  required  to  give  certificates,  they  were 
allowed  to  use  other  means  than  an  examination,  if 
they  saw  fit,  to  determine  the  teacher's  qualifications. 
In  this  case  I  do  not  see  any  exercise  of  power  on 
the  part  of  the  committee,  which  they  were  not  fully 
authorized  to  make  and  also  justified  in  making. 
The  person  proposed,  or  recommended,  for  the 
vacancy  was  known  to  be  possessed  of  diplomas 
from  a  high  school  and  a  State  Normal  School,  which, 
while  by  no  means  conclusive  evidence,  are  certainly 
credible  evidence  of  literary  ability,  and  the  per- 
sonal testimony  of  one  of  their  own  number  as  to  the 
candidate's  success  in  teaching  would  certainly  be 
regarded  as  worthy  of  respect.  It  is  my  opinion  that 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      257 

any  school  committee  would  be  justified  in  appoint- 
ing for  "one  term"  at  least,  as  a  trial,  any  person  com- 
ing before  them  with  such  credentials.  Of  course  I 
do  not  mean  that  such  testimony  is  absolute,  but  it 
does  afford  suitable  basis  for  a  trial  engagement,  if 
it  seems  best  to  the  committee. 

I  must  conclude,  therefore,  that  the  action  of  the 
committee  on  July  8th,  as  formally  conveyed  in  writ- 
ing by  the  clerk  to  Miss  Ramage,  and  her  formal  ac- 
ceptance in  writing,  constitute  a  legal  contract,  which 
is  binding  upon  both  parties,  according  to  the  terms 
thereof. 

The  question  now  arises  was  the  school  committee 
authorized  in  refusing  Miss  Ramage  the  opportunity 
to  fulfill  her  part  of  the  contract,  upon  the  ground 
set  up  by  them,  viz. :  the  failure  of  Miss  Ramage  to 
pass  a  satisfactory  examination. 

I  do  not  think  so,  for  the  reason  that  no  such  con- 
dition entered  into  the  contract  or  agreement  which 
they  had  made  with  Miss  Ramage. 

The  only  ground  upon  which  such  a  condition 
could  have  been  introduced  would  have  been  the  fact 
that  it  was  required  by  State  law,  over  which,  of 
course,  they  could  have  no  control.  But  no  such  law 
exists.  If  the  original  law  remained,  it  would  not 
have  absolutely  demanded  an  examination,  but  that 
-she  should  have  had  a  certificate  before  she  began  to 
teach.  As  it  is,  the  only  thing  that  can  be  claimed 
to  give  a  basis  for  the  insistence  on  the  examination 
is  a  vote  of  the  school  committee,  passed  in  1893. 
But  that  vote,  like  any  other  vote  or  action  of  the 
school  committee,  was  subject  to  the  control  of  the 
committee,  and  by  the  passage  of  a  vote  like  that 


258  SCHOOL  MANUAL. 

appointing  Miss  Rarnage  was  waived  or  repealed  in 
that  particular  case. 

There  is  no  question  as  to  the  authority  of  the 
school  committee  to  require  every  candidate  for  a 
position  as  teacher  under  their  jurisdiction  to  pass 
as  thorough  an  examination  as  they  may  deem  best, 
but  it  must  precede  the  appointment,  or  the  appoint- 
ment must  be  made  upon  that  condition. 

In  view,  therefore,  of  the  above,  I  do  declare  the 
action  of  the  school  committee  of  the  town  of  Crans- 
ton in  refusing  Miss  Jeanette  H.  Rarnage  permission 
to  teach  in  grades  4  and  5,  of  the  Edgewood  district, 
to  have  been  contrary  to  law,  and  that  Miss  Ramage 
was  entitled  under  the  terms  of  her  appointment  to 
teach  in  said  position  from  the  date  of  her  reporting 
for  service,  for  the  balance  of  the  period  for  which 
she  was  hired. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1895. 

I  concur  in  the  opinion  of  the  commissioner  on  the 
questions  of  law  discussed. 

CHARLES  MATTESON,  C.  J.  S.  C. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       259 


LEGAL  PROCEEDINGS. 


DECISION  No.  86. 

School  commissioner  has  power  to  define  the  bounds 
of  a  district,  when  appealed  to  from  vote  of  commit- 
tee. 

HENRY  BARNARD,  C.  P.  S. 

1848. 

Approved.  ELISHA  R.  POTTER,  C.  P.  S. 

1852. 

Approved.  JOSHUA  B.  CHAPIN,  C.  P.  S. 

1864. 

See  No.  88. 


DECISION  No.  87. 
School  District  No.  7,  Burrillville. 

I  am  of  opinion  that  the  decision  of  the  committee, 
though  not  involving  the  merits  of  the  question,  is 
such  as  may  be  appealed  from,  and  that  on  such  ap- 
peal the  whole  merits  of  the  case  may  be  examined 

and  decided. 

ELISHA  R.  POTTER,  C.  P.  S. 

1850. 

Approved.  LEVI  HAILE,  A.  J.  S.  C. 


260  SCHOOL  MANUAL. 

DECISION   No.  88. 

Upon  the  refusal  of  the  committee,  the  commis- 
sioner may  fix  the  district  boundary. 

ELISHA  R.  POTTER,  C.  P.  S. 

1851. 

See  No.  86. 


DECISION  No.  89. 
School  District  No.  3,  North  Providence. 

"Where  express  power  is  not  conferred  on  commissioner,  he  can,  on  ap- 
peal, simply  remand  the  matter  with  his  decision,  and  if  the  official  inter- 
ested will  not  acquiesce,  the  remedy  is  a  mandamus  from  the  Supreme 
Court. 

The  difficulty  which  the  court  experiences  in  this 
case  results  from  the  21st  section  of  "the  act  to 
revise  and  amend  the  law  regulating  public  schools," 
which  defines  the  duties  of  the  town  committee.  This 
section  provides  that  the  town  committee  shall  draw 
orders  upon  the  treasurer  for  the  payment  of  money 
due,  in  conformity  with  the  law  :  Provided,  "  that 
the  committee  shall  not  be  obliged  to  give  any  order 
until  they  are  satisfied  the  services  have  actually 
been  performed  for  which  the  money  is  to  be  paid." 
They  are  to  decide  when  money  is  due,  and,  having 
so  decided,  to  draw  an  order  for  its  payment.  And 
the  23d  section  of  the  same  act  prescribes  that  "  the 
town  treasurer  shall  receive  the  money  due  from  the 
State  treasury,  and  shall  keep  a  separate  account  of 
all  money  appropriated  by  the  State,  or  town,  or 
otherwise,  for  public  schools,  and  shall  pay  the  same 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       261 

to  the  order  of  the  school  committee"  These  two  sec- 
tions are  exceedingly  significant.  The  first  prescribes 
who  shall  draw  the  orders,  and  the  other  what  orders 
the  town  treasurer  shall  be  bound  to  pay.  The  65th 
section  of  the  school  act  gives  an  appeal  from  the 
decision  of  the  school  committee  to  the  commissioner, 
whose  decision  is  to  be  final.  But  the  commissioner, 
by  this  section,  has  only  authority  to  affirm  or  reverse 
the  decisions  of  the  town  committee,  but  has  no 
authority  to  draw  orders  ;  and  any  orders  drawn  by 
him  are  not  obligatory  upon  the  town  treasurer.  We 
think  the  proper  course  for  him  is  to  adjudicate  upon 
the  appeal,  and  certify  his  decision  to  the  town  com- 
mittee, requesting  them  to  draw  the  order  required, 
and,  if  they  refuse,  a  mandamus  may  be  granted  to 
compel  them  to  draw  the  order. 

RICHARD  W.  GREENE,  C.  J.  S.  C. 
1852. 

See  No.  54. 
See  No.  91. 
See  No.  93. 
See  No.  94. 
See  No.  96. 
See  No.  99. 


DECISION  No.  90. 
School  District  No.  3,  North  Providence. 

I  am  of  opinion  that  the  commissioner  has  a  right 
to  allow  a  rehearing  for  good  cause,  in  his  discretion  ; 
but  it  is  not  in  the  power  of  the  commissioner  to  dis- 
pense with  the  teacher's  having  a  legal  certificate. 
ELISHA  R.  POTTER,  C.  P.  S. 

1852. 

Approved.          RICHARD  W.  GREENE,  C.  J.  S.  C. 

See  No.  93. 


262  SCHOOL  MANUAL. 

DECISION  No.  91. 
School  District  No.  8,  North  Providence. 

Commissioner  cannot  compel  trustees  to  grant  a  warrant  for  the  collection 
of  a  tax,  and  must  not  interfere  to  perform  their  duties. 

A  tax  was  voted,  assessed,  arid  partly  collected  ; 
and  the  commissioner  is  now  asked  to  appoint  a  col- 
lector and  to  issue  a  warrant  to  collect  the  balance. 

Counsel  for  a  taxpayer  in  said  district  opposed  to 
the  granting  the  petition  raised  a  question  of  juris- 
diction, and  moved  that  the  petition  be  dismissed  be- 
cause the  commissioner  had  not  power  to  grant  the 
relief  prayed  for. 

After  consideration,  the  commissioner  submits  the 
following  as  his  decision  on  the  question  of  jurisdic- 
tion: 

It  is  seriously  doubted  whether,  under  the  forty- 
sixth  section  of  the  school  law, — the  section  cited  as 
giving  all  the  authority  over  the  case, — the  commis- 
sioner has  power  to  order  and  enforce  the  collection 
of  the  balance  of  a  tax  legally  voted,  approved,  as- 
sessed, and  partly  collected  by  a  district  under  the 
rightful  authority  of  their  trustees.  The  case  con- 
templated by  that  section  appears  to  be  one  in  which 
there  is  no  power  in  the  district  to  collect  taxes  and 
thus  satisfy  any  just  claims  which  creditors  may  have 
-against  it,  and  not  one  in  which  the  power  has 
already  been  exercised  to  a  certain  extent,  and  the 
officers  of  the  district  are  simply  indisposed  to  pro- 
ceed. The  petition  does  not  allege  any  errors  in  the 
assessment  nor  any  want  of  power  to  collect,  but  only 
asks  the  commissioner  to  perform  a  duty  legally  de- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       263 

volving  upon  their  officers,  but  very  repugnant  to 
their  feelings  ;  or,  in  other  words,  it  is  but  asking  one 
officer  of  the  State  to  undertake  a  duty  where  his 
authority  is  at  least  doubtful,  and  discharge  it  for 
another  where  the  latter's  power  is  far  more  clear. 

Besides,  it  seems  that,  according  to  the  sixty-sixth 
section  of  the  school  law,  the  trustees  of  the  district 
have  a  right  to  presume  that  the  tax  was  a  legal  one, 
and  that  it  is,  therefore,  properly  and  lawfully  due> 
inasmuch  as  there  appears  to  have  been  no  exception 
taken  to  the  vote  by  which  it  was  ordered,  nor  to  the 
act  by  which  it  was  assessed. 

It  is  a  principle  which  must  govern  the  commis- 
sioner, that  he  will  not  encroach  upon  the  powers, 
prerogatives,  or  duties  of  any  officer  below  him  elected 
by  the  people  themselves.  And  as  the  trustees  of  the 
district  were  elected  for  this  very  purpose  of  collect- 
ing all  lawful  taxes,  and  as  they  have  ample  powers, 
and  securities,  the  petition  is  therefore  dismissed. 

ROBERT  ALLYN,  C.  P.  S. 

1855. 

See  No.  54. 
See  No.  89. 
See  No.  93. 
See  No.  94. 
See  No.  96. 
See  No.  99. 


264  SCHOOL    MANUAL. 

DECISION  No.   92. 

Transfer  of  land  does  not  make  another  appraisal 
of  a  lot  necessary,  and  the  failure  from  sickness  to 
make  an  appeal  invalidates  the  claim  to  make  another, 
without  special  legislation. 

JOHN  KINGSBURY,  C.  P.  S. 

1856. 

Approved.  ELISHA  R.  POTTER,  A.  J.  S.  C. 

See  No.  95. 


DECISION  No.  93. 
Petition  of  Emor  Smith  for  Rehearing. 


Rehearing  not  possible  after  ap- 
proval by  a  judge  of  the  Su- 
preme Court. 

Commissioner  to  make  up  a  state- 
ment of  facts  from  the  evi- 


dence, but  not  to  submit  the 
evidence  as  such  to  the  judge. 
3.    Jurisdiction     of     the     commis- 
sioner. 


In  the  matter  of  the  decision  of  the  commissioner 
of  public  schools  in  case  of  the  appeal  of  Emor 
Smith  from  a  vote  of  the  school  committee  of  Smith- 
field,  annulling  the  certificate  of  said  Smith  as  a 
teacher  in  said  town. 

This  is  a  motion  or  petition  for  a  reconsideration, 
by  the  commissioner  and  the  judge,  of  the  above  de- 
cision, on  the  ground  that  the  decision  of  the  com- 
missioner reported  to  the  Hon.  William  R.  Staples, 
late  Chief  Justice  of  the  Supreme  Court,  on  the  24th 
day  of  August,  1855,  and  approved  on  the  26th  day 
of  September,  1855,  is  not  valid  and  binding,  because 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      265 

the  commissioner  did  not  report  a  statement  of  the 
facts  as  they  were  sworn  to  or  admitted,  but  instead 
thereof  reported  as  facts  his  own  conclusions  upon 
the  testimony  ;  it  appearing  from  the  petition  of  said 
Smith  that  "  he  insists  that  there  can  be  no  final  or 
binding  decision,  until  a  statement  of  the  evidence 
shall  be  made  to  the  judge,"  for  reasons  by  him  in 
his  petition  set  forth. 

The  65th  section  of  the  "  act  to  revise  and  amend 
the  laws  regulating  public  schools,"  provides  "that 
the  commissioner  may  (and  if  requested  on  the  hear- 
ing of  either  party  shall)  lay  a  statement  of  the  facts 
of  the  case  before  some  one  of  the  judges  of  the 
Supreme  Court,  whose  approval  of  such  decision 
shall  be  final."  If  then,  in  the  matter  of  this  deci- 
sion, upon  such  request,  a  statement  of  the  facts  of 
this  case,  in  the  sense  of  the  statute,  has  been  laid 
before  one  of  the  judges  of  the  Supreme  Court,  and 
the  decision  of  the  commissioner  has  been  by  him 
approved,  this  "  approval "  is,  by  the  very  words  of 
the  statute,  made  final,  irrespective  of  the  merits  of 
the  decision  approved.  The  "appeal"  in  other  words, 
in  the  civil  law  sense  of  the  term,  and  as  it  is  used 
in  our  statutes, — that  is,  a  rehearing  of  the  whole 
cause,  matter  of  fact  as  well  as  law,  after  it  has  been 
decided  by  a  competent  tribunal, — is  expressly  given, 
by  the  first  words  of  the  section  of  the  school  act 
above  referred  to,  to  the  commissioner  ;  and  the  sec- 
tion provides  that  his  decision  upon  such  appeal  shall 
be  final,  if  the  commissioner,  upon  the  request  of 
either  party,  shall  "  lay  a  statement  of  the  facts  of 
the  case"  before  one  of  the  judges  of  the  Supreme 
Court,  and  he  shall  approve  the  decision.  The  pur- 
pose of  this  last  provision  was,  undoubtedly,  to  give 


266  SCHOOL  MANUAL. 

to  the  commissioner  and  the  parties  the  aid  of  such 
a  judicial  officer  in  matters  of  law,  and  to  secure  as 
far  as  conveniently  practicable,  by  an  uniform  con- 
struction of  the  act,  an  uniform  system  of  legislation 
upon  so  important  and  interesting  a  subject  as  the 
discipline  and  government  of  our  public  schools. 

The  document  entitled  "  Decision  of  commissioner 
of  public  schools  in  case  of  appeal  of  E.  Smith  from 
a  vote  of  the  school  committee  of  Smithfield  annul- 
ling the  certificate  of  Smith  as  teacher  in  said 
town,"  signed  by  Robert  Allyn,  commissioner  of  pub- 
lic schools,  is,  in  my  judgment,  "a  statement  of  facts" 
by  the  commissioner  in  the  sense  of  the  65th  section 
of  the  school  act,  although  it  is  not,  as  it  is  averred 
by  the  petitioner  that  it  is  not,  a  statement  of  the 
testimony  or  evidence  by  means  of  which  the  com- 
missioner ascertained  the  facts  which  he  states  in  it. 
"  A  statement  of  facts  "  from  testiraonj7  or  evidence 
must,  from  its  very  nature,  be  the  conclusions  of  the 
officer  entitled  to  make  it,  from  the  testimony  or  evi- 
dence which  he  has  heard  ;  and  the  distinction  be- 
tween such  a  statement,  and  a  statement  of  the  evi- 
dence or  testimony  on  whicli  it  is  based,  is  too  well 
settled  in  legal  practice  and  parlance  to  require  illus- 
tration. Whether  the  conclusions  drawn  from  the 
evidence  or  testimony  by  the  commissioner  were 
legitimate  or  not,  is  a  matter  which  the  law  does  not, 
in  my  judgment,  confide  to  the  judge,  but  solely  to 
the  commissioner,  who  alone  hears  the  appeal,  listens 
to  the  witnesses,  examines  the  evidence,  and  arrives 
at  the  conclusion  of  what  are  "the facts  of  tlie  case" 
No  power,  no  means,  are,  in  my  judgment,  given  to 
the  judge  to  examine  into  these  facts.  It  is  the  duty 
of  the  commissioner,  under  the  law,  to  decide  what 


DECISIONS  EELATING  TO   PUBLIC  INSTRUCTION.      267 

the  facts  are,  and  to  lay  a  statement  of  them  before 
the  judge,  with  his  decision  upon  them,  and  the  sole 
office  and  jurisdiction  of  the  judge  is,  upon  sucli 
statement,  to  approve  or  disapprove  the  decision  of 
the  commissioner.  This  is  not  only  plain  from  the 
words  of  the  act,  but  is  to  be  inferred  from  the  nature 
of  the  facts  to  be  ascertained, — the  good  or  ill  disci- 
pline of  schools,  the  fitness  or  unfitness  of  teachers 
to  instruct  or  discipline  scholars,  and  the  like  facts, 
peculiarly  fitted  to  be  ascertained  from  evidence  by 
the  commissioner,  but  which  the  judge  would  ordi- 
narily have  no  such  peculiar  qualifications  to  ascer- 
tain. 

The  jurisdiction  of  the  school  commissioner  under 
the  public  school  act,  by  way  of  appeal  from  the  de- 
cisions or  doings  of  school  committees,  district  meet- 
ings, trustees  and  county  inspectors,  is,  looking  to  the 
subject,  nature,  and  manner  of  its  exercise,  rather  a 
visitatorial  power  than  that  of  an  ordinary  legal  tri- 
bunal, and  the  power  of  the  judge  of  the  Supreme 
Court  in  the  matter  of  such  an  appeal  is  limited,  pre- 
cisely as  might  have  been  anticipated  from  the  uni- 
versal course  in  such  cases,  to  the  mere  approval  of 
the  decision  of  the  commissioner  upon  his  statement 
of  the  facts. 

It  being  admitted  by  the  petitioner  in  his  said  peti- 
tion that  the  decision  and  statement  of  facts  of  the 
commissioner  in  the  matter  of  this  appeal  was  laid 
by  the  commissioner  before  Chief  Justice  Staples  on 
the  24th  of  August,  1855,  and  that  the  said  decision 
was,  by  said  Chief  Justice  Staples,  then  one  of  the 
judges  of  the  Supreme  Court,  approved, — and  it  ap- 
pearing to  me  that  the  statement  of  facts  submitted 
to  said  judge  was  such  a  statement  of  facts  as  is  re- 


268  SCHOOL  MANUAL. 

quired  by  the  statutes,  and  that  his  approval  there- 
upon of  the  decision  of  the  commissioner  is  final, — 
I  therefore  approve  the  decision  of  the  commissioner 
that  this  motion  or  petition  for  reconsideration  must 
be  by  him  dismissed  for  want  of  any  jurisdiction  in 
him  alone,  or  in  him  conjointly  with  a  judge  of  the 
Supreme  Court,  to  rehear  or  reconsider  the  decision 
so  approved. 

After  such  a  decision  and  approval  made,  neither 
the  commissioner  nor  Judge  Staples,  if  the  latter  were 
still  in  office,  could  rehear  or  reconsider  the  matter  of 
the  same,  no  matter  how  erroneous  such  decision  and 
approval  might  be.  Much  less  can  the  commissioner, 
with  another  judge  of  the  Supreme  Court,  or  subject 
to  approval  of  such  judge,  whether  then  in  office  or 
succeeding  to  the  office  of  Judge  Staples,  reconsider 
and  re  judge  his  approval. 

SAMUEL  AMES,  C.  J.  S.  C. 
1856. 

See  No.  54. 
See  No.  89. 
See  No.  90. 
See  No.  91. 
See  No.  94. 
See  No.  96. 
See  No.  99. 


DECISIONS  RELATING  TO   PUBLIC  INSTRUCTION.      269 

DECISION  No.  94. 
School  District  No.  10,  North  Providence. 

The  school  commissioner  has  no  jurisdiction  in  an  appeal  from  a  vote  of  a 
school  district  to  enforce  a  claim  against  the  collector  of  a  district. 

The  appellant,  tax  collector  of  school  district  No. 
10,  North  Providence,  has  suffered  no  grievance  at 
the  hands  of  the  district,  of  which  he  can  complain 
to  the  school  commissioner.  He  has  collected  money 
which  the  district  demands  of  him,  as  they  have  the 
right.  His  answer  is,  that  he  has  paid  it  to  the  treas- 
urer ;  but  as  the  treasurer  denies  this,  and  the  evi- 
dence of  payment  produced  by  the  collector  is  not 
satisf  actory,  the  district  very  properly  persist  in  their 
demand.  The  appellant's  admission  charges  him  with 
the  money,  and  he  produces  no  sufficient  evidence,  as 
it  would  seem,  in  his  discharge.  A  mere  demand  of 
money  as  due,  though  unfounded,  is  no  ground  of 
legal  complaint,  and  this  demand,  under  the  circum- 
stances was  natural  and  proper. 

Besides,  a  money  claim  of  this  sort,  made  by  a 
school  district  against  its  collector  or  treasurer,  seems 
to  be  wholly  without  the  jurisdiction  of  the  commis- 
sioner. He  can  issue  no  execution  to  enforce  it,  nor 
can  he  enjoin  any  suit  commenced  upon  it.  It  must 
necessarily  be  adjusted  by  the  ordinary  tribunals  of 
law,  which  are  clothed  with  powers  to  aid  the  right, 
in  the  way  both  of  pursuit  and  defence.  The  school 
law,  by  enabling  school  districts  to  require  bonds  of 
their  clerks,  collectors,  and  treasurers,  points  to  the 
ordinary  legal  remedies  against  such  officers  in  case 
they  do  not  faithfully  account  for  moneys  received 


270  SCHOOL  MANUAL. 

by  them,  or  damages  are  sought  against   them   for 
other  breach  of  official  duty. 

The  school  commissioner  in  my  judgment  was  right 
in  dismissing  this  appeal. 

SAMUEL  AMES,  C.  J.  S.  C. 
1861. 

See  No.  54. 
See  No.  89. 
See  No.  91. 
See  No.  93. 
See  No.  96. 
See  No.  99. 


DECISION  No.  95. 
School  District  No.  7,  North  Providence. 

An  award  of  appraisers  is  void,  unless  both  the  owner  of  the  land  and  the 
representatives  of  the  district  are  heard  at  one  and  the  same  hearing. 

In  a  suit  against  a  school  district,  on  an  award  of 
appraisers  of  the  value  of  a  lot  taken  for  a  school- 
house  under  cap.  66,  as  amended  by  cap.  323,  of  the 
Revised  Statutes,  it  appearing,  that  at  the  meeting  of 
the  district  clerk  and  of  the  plaintiff,  upon  notice  be- 
fore the  appraisers  for  hearing  upon  the  matter  of 
the  valuation  of  the  lot,  the  plaintiff,  when  going 
with  the  appraisers  upon  the  land,  with  coarse  and 
violent  language  forbade  the  clerk  to  accompany 
them,  who  thereupon  remained  behind,  and  the 
plaintiff  in  the  absence  of  the  clerk  was  heard  by 
the  appraisers;  it  was  held,  that  the  award  thus 
made  by  the  appraisers  was  void,  and  could  confer 
no  right  of  action  in  favor  of  the  plaintiff  against 
the  district. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      271 

It  was  the  right  of  the  defendants  to  be  present  at 
all  times  during  the  hearing,  that  they  might  know 
and  hear  whatever  was  offered  to  the  referees,  either 
by  way  of  evidence  or  argument,  by  the  plaintiff;  that 
they  might  know  what  was  necessary  to  be  answered 
by  proof  or  by  argument,  and,  especially,  that  they 
might  see  that  no  improper  communication  was  made, 
or  illegal  evidence  offered,  to  the  referees 

We  are  of  the  opinion  that  the  award  obtained 
should  be  held  void. 

GEORGE  A.  BRAYTON,  A.  J.  S.  C. 

1863. 

See  No.  91. 


DECISION  No.  96. 
School  District  No.  19,  South  Kingstown. 

Appeals  may  be  made  from  decisions  of  committees  in  locating 
schoolhouses. 

Objection  is  made  to  the  decision  of  the  commis- 
sioner in  this  case,  that  it  is  not  a  case  where  the  law 
gives  any  right  of  appeal,  and  that  therefore  the  de- 
cision of  the  school  committee  was  final  and  con- 
clusive, as  was  decided  in  the  case  of  John  II. 
Gardner,  reported  in  4  R.  I.  602. 

The  grounds  of  the  argument  against  the  right  of 
appeal  in  this  case  could  not,  of  course,  be  more  ably 
stated  than  they  are  in  the  decision  to  which  the 
counsel  refers  us. 

And  they  are,  First.  That  a  grievance  implies  a 
wrong  growing  out  of  some  infraction  of  law;  a  liti- 


272  SCHOOL  MANUAL. 

.gated  question  of  right.  The  present  case  involves 
no  question  of  violated  right  and  therefore  the  ap- 
pellant is  not  a  party  aggrieved.  Second.  That  the 
discretion  is  with  the  school  committee;  they  have  the 
power  to  decide  it,  and  no  wrong  is  done  to  any  one, 
and  no  one  has  a  right  to  complain,  or  correct  them. 
Third.  That  a  contrary  construction  would  throw 
every  discretionary  power  into  the  hands  of  the  com- 
missioner and  the  Supreme  Court,  which  latter  might 
be  utterly  unfit  to  exercise  it. 

First.  Is  the  appellant  a  party  aggrieved  ?  He  is 
a  property  holder  in  the  district.  The  owners  of  that 
property  have  or  may  have  children  entitled  to  the 
privileges  of  the  school.  The  distance  of  the  location 
from  his  dwelling  may  seriously  affect,  not  onty  the 
convenience  of  sending  to  school,  but  the  value  of  his 
property  hereafter.  If  the  money  was  a  gift  from 
some  one  to  found  a  school,  he  might  dictate  the  site 
and  the  conditions  of  his  bounty,  and  no  one  could 
legally  complain.  Here  the  whole  money,  as  well 
what  comes  from  the  State  and  town  treasuries  to  pay 
the  teacher,  as  the  money  to  build  the  house,  is  derived 
from  taxation,  of  which  the  appellant,  it  is  presumed, 
pays  his  fair  proportion.  Some  hundreds  of  years 
•ago,  perhaps,  a  deprivation  of  school  privileges  might 
not  be  considered  a  grievance  ;  hardly  so  now.  The 
appellant  pays  his  proportion  of  the  whole  expendi- 
ture, and  has  a  very  material  interest  in  the  proper 
application  of  it. 

Second.  Does  the  fact  that  the  school  committee 
exercise  a  discretion  in  the  choice  of  a  site  prevent 
an  appeal  ? 

To  apply  such  a  doctrine  to  the  school  Jaw  would 
almost  nullify  the  provisions  for  appeal. 


DECISIONS    RELATING  TO  PUBLIC  INSTRUCTION.      273 

There  is  hardly  an  exercise  of  power  by  the  school 
committee  or  trustees  which  does  not  imply  the  exer- 
cise of  discretion.  The  mere  giving  an  order  for  pay- 
ment of  wages  may,  perhaps,  be  an  exception  ;  but 
the  examining,  and,  in  some  cases,  employing  teach- 
ers, annulling  of  certificates,  forming  and  changing 
school  districts,  supervision  of  taxes  and  building  of 
houses,  and  the  general  regulation  of  the  schools,  all 
imply  discretion.  So  with  trustees  ;  and  so,  in  many 
cases,  with  the  powers  vested  in  school  districts.  If, 
because  they  have  the  power  to  decide  in  the  first 
place,  and  because  they  exercise  a  discretion  in  doing 
it,  there  can  be  no  appeal,  there  would  be  hardly  a 
case  left  foi>the  exercise  of  such  a  right. 

And  yet  the  language  of  the  provision  is  very  broad, 
and  it  would  seem  difficult,  without  a  great  deal  of 
verbiage,  to  make  it  more  comprehensive. 

If  there  was  any  doubt  as  to  the  meaning  of  the 
law,  there  is  another  principle  of  decision  which  might 
be  resorted  to  for  aid.  When  a  law  admits  of  differ- 
ent constructions,  it  is  well  settled  that  the  usage  un- 
der it,  and  the  practical  construction  of  it  for  a  series 
of  years,  is  entitled  to  great  weight,  and  sometimes 
may  be  decisive. 

In  the  present  case  the  practice  was  uniform.  The 
first  two  commissioners  under  the  law  were  constantly 
engaged  in  examining  appeals  of  this  very  sort,  some- 
times confirming  and  sometimes  altering,  or  wholly 
revising,  decisions  of  committees  as  to  sites  of  school- 
houses.  The  re-districting,  which  the  law  rendered 
necessary  in  most  of  the  towns,  led  to  frequent  dis- 
sension. And  the  practice  was  continued  under  their 
successors,  and  does  not  seem  to  have  even  been 
questioned  until  1858. 


.274  SCHOOL  MANUAL. 

It  would  no  doubt  make  the  office  of  commissioner 
easier  and  more  pleasant  to  take  away  this  power. 
The  decision  of  such  cases  leads  frequently  to  enmi- 
ties, or  charges  of  being  subject  to  improper  influence. 

School  committees,  however  honest,  may  be  subject 
to  local  influence;  and  the  very  knowledge  that  their 
determination  was  likely  to  be  reviewed  by  a  disinter- 
ested person,  might,  in  many  cases,  prevent  an  im- 
proper decision.  And  a  commissioner  would  seldom 
revise  a  decision  of  a  committee,  unless  he  was  satis- 
fied that  the  public  good  or  justice  to  individuals 
required  it. 

And  for  the  purpose  of  securing  uniformity  in  the 
Administration  of  the  law,  this  provision  is  very  im- 
portant. 

Third.  The  third  objection  is  that  the  allowance 
of  appeals  would  refer  everything  to  the  discretion  of 
the  commissioner  and  judge, — the  latter,  probably, 
not  much  acquainted  with  the  subject,  and  unfitted 
for  the  exercise  of  this  power. 

It  was  deemed  essential  to  the  success  of  a  compar- 
atively new  system  to  prevent  litigation,  if  possible. 
A  quarrel  or  a  lawsuit  in  a  school  district  is  generally 
not  long  confined  to  the  original  parties.  It  spreads 
among  all  the  families;  it  goes  into  the  selection  of 
teachers,  and  impairs  the  discipline  of  the  schools; 
and,  if  the  difficulty  once  takes  the  shape  of  a  lawsuit, 
and  the  parties  have  expended  monej7  as  well  as  tem- 
per upon  it,  it  is  still  more  difficult  to  settle.  Hence 
the  provision  for  a  cheap  and  speedy  decision,  avoid- 
ing the  delay  and  expense  of  a  lawsuit ;  and  as  the 
commissioner  would,  probably,  very  often  not  be  a 
lawyer,  it  was  provided  that  he  might  resort  to  a 
judge  for  an  opinion  upon  points  of  law. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.      275 

The  practical  construction  of  the  law  from  the  be- 
ginning has  been  that  the  judge  has  nothing  to  do  with 
deciding  the  facts  in  the  case.  (See  "  School  Law," 
edition  of  1857,  remarks  page  56  ;  and  see,  also,  de- 
cision of  Judge  Ames,  in  case  of  Einor  Smith.  R.  I. 
Reports,  vol.  iv.,  590,  592,  594.)  The  judge  would 
not  reverse  the  decision  of  a  commissioner,  unless 
there  appeared  to  be  a  legal  objection  to  its  validity. 

ELISHA  R.  POTTER,  A.  J.  S.  C. 

1873. 

See  No.  54. 
See  No.  89. 
See  No.  91. 
See  No.  93. 
See  No.  99. 


DECISION  No.  97. 
D.  P.  Spencer  vs.  School  District  No.  17,  of  Warwick. 

In  towns  where  the  district  system  prevails  neither  town  nor  town  treas- 
urer is  liable  for  teacher's  wages,  at  least  until  an  order  has  been  given 
therefor  by  the  school  committee. 

This  case  was  submitted  to  the  Supreme  Court  for 
Kent  county  on  the  following  agreed  statement  of 
facts : 

"  1.  School  District  No.  17,  of  the  town  of  War- 
wick, is  indebted  to  the  plaintiff  in  the  sum  of  $125, — 
due  to  said  plaintiff  as  a  teacher  of  the  public  school 
in  said  district. 

"  2.  On  or  about  the  day  of  ,  A.  D. 

1876,  suit  was  begun  against  the  plaintiff  in  the  Jus- 
tice Court  of  the  town  of  Warwick  by  one  Oliver  P. 


276  SCHOOL  MANUAL. 

Matteson,  upon  a  writ  of  attachment,  which  directed , 
among  other  things,  that  the  officer  should  trustee  or 
attach  moneys  in  the  hands  and  possession  of  the 
town  of  Warwick  due  said  plaintiff. 

"  3.  The  said  attachment  was  intended  to  reach 
the  moneys  earned  by  said  plaintiff  as  teacher  in  the 
school  district  No.  17,  he  being  employed  by  the  trus- 
tees of  said  district  as  teacher,  in  said  town,  and  that 
a  copy  of  said  writ  was  served  upon  the  town  treas- 
urer of  said  town  for  that  purpose,  there  being  no 
command  in  said  writ  to  serve,  nor  was  any  copy  in 
fact  served,  upon  any  officer  of  said  district  No.  17. 

"4.  That  there  were  no  moneys  due  from  said 
town  of  Warwick  to  the  plaintiff,  nor  any  moneys  of 
his  in  the  hands  of  said  town  either  directly  or  indi- 
rectly, except  such  as  were  supposed  to  go  to  said 
plaintiff  for  his  services  as  teacher  of  the  public 
school  in  said  district. 

"  5.  Said  Matteson  obtained  final  judgment  against 
said  plaintiff  in  the  suit  commenced  in  the  Justice 
Court  as  aforesaid. 

"  6.  There  was  no  debt  or  demand  of  any  kind 
laid  by  the  plaintiff  against  said  town  other  than  the 
supposed  claim  mentioned  in  section  4  above. 

"  7.     It  is  hereby  agreed  that  jury  trial  be  waived. " 

(Per  Curiam.)  The  statute  provides  that  moneys 
appropriated  to,  and  raised  by,  the  several  towns  for 
schools  shall  be  kept  by  their  respective  treasurers, 
subject  to  the  order  of  their  respective  school  com- 
mittees. Gen.  Stat.  R.  I.  cap.  47,  §  6.  A  school  com- 
mittee may  give  its  order  either  in  favor  of  the  trus- 
tees or  treasurer  of  a  school  district,  or  directly  in 
favor  of  a  teacher.  Cap.  53,  §  17.  Teachers,  where 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       277 

towns  are  districted,  are  employed  by  the  trustees  of 
the  districts  ;  cap,  52,  §  1  ;  and  neither  town  nor  town 
treasurer  is  made  liable  for  their  wages  otherwise 
than  upon  the  order  of  the  school  committee.  We 
think,  therefore,  that  where  a  town  is  districted 
neither  town  nor  town  treasurer  is  liable  to  garnish- 
ment in  respect  of  any  teachers'  wages,  until  at  least 
an  order  has  been  given  in  favor  of  such  teacher  by 
the  school  committee  of  the  town.  This  does  not  ap- 
pear to  have  been  done  in  the  case  at  bar.  The  judg- 
ment, agreeably  to  the  agreement,  must  be  for  the 
plaintiff  for  the  full  amount  of  his  claim. 

1877. 

See  No.  100. 


DECISION  No.  98. 

George  B.    Carpenter  vs.   School  Trustees  of  Joint 

School  District  2  and  ^,   Hopkinton, 

and  8,    Westerly. 

Gen.  Stat.  R.  I.  cap.  58,  §  13,  which  opens  vv  all  the  public  schools  in  the 
State  to  the  children  of  officers  and  soldiers,"  etc.,  "  without  any  cost  or 
expense  for  taxes,  or  other  charges  imposed  for  purposes  of  public  educa- 
tion," does  not  exempt  the  estate  of  such  officer  or  soldier  from  taxes 
levied  for  school  purposes. 

This  is  an  appeal  to  the  commissioner  of  public 
schools  from  a  decision  of  the  trustees  of  the  joint 
school  district  composed  of  districts  two  and  four  of 
Hopkinton,  and  eight  of  Westerly.  The  commis- 
sioner has  laid  before  me  a  statement  of  facts  assented 
to  by  both  parties,  and  of  the  question  raised  thereby, 
for  my  decision. 


278  SCHOOL  MANUAL. 

From  this  statement  it  appears  that  the  district  has 
voted  that  a  tax  of  twenty-eight  cents  upon  each  and 
every  hundred  dollars  of  the  ratable  property  in  the 
district  be  assessed  for  school  purposes,  for  the  year 
1877;  that  the  appellant  resides  in  the  district  and 
has  children  who  attend  its  schools;  that  he  is  the 
owner  of  estate,  within  the  district,  valued  in  the  as- 
sessment at  two  thousand  dollars;  that  in  September, 
1861,  he  belonged  to  the  State  of  Rhode  Island,  and 
was  mustered  into  the  service  of  the  United  States 
in  the  war  of  the  late  rebellion,  as  a  member  of  the 
4th  regiment  of  Rhode  Island  volunteers,  and  re- 
mained in  such  service  till  July  30,  1864,  when  he 
was  discharged  therefrom,  in  consequence  of  the  loss 
of  his  right  arm,  in  the  battle  known  as  the  explosion 
of  the  mine  in  front  of  Petersburg.  Upon  these  facts 
he  claims  that  his  estate  is  exempt  under  Gen.  Stat. 
R.  I.  cap.  58,  §  13,  from  the  tax  in  question,  and  from 
all  taxes  that  the  district  can  impose.  The  trustees, 
on  the  other  hand,  insist  that  the  appellant's  estate 
is  subject  to  assessment  for  the  tax  in  question. 

Gen.  Stat.  R.  I.  cap.  58,  §  13,  is  as  follows  :  "  All 
the  public  schools  in  the  State,  including  the  State 
Normal  School,  shall  be  open  to  children  of  officers 
and  soldiers  belonging  to  the  State,  mustered  into  the 
service  of  the  United  States,  and  of  those  persons 
belonging  to  the  State,  arid  serving  in  the  navj^  of 
the  United  States,  and  who  died  in  said  service  during 
the  late  rebellion  against  the  authority  of  the  United 
States,  or  who  were  discharged  from  said  service  in 
consequence  of  wounds  or  disease  contracted  in  said 
service,  or  who  were  killed  in  battle,  without  any  cost 
or  expense  or  taxes,  or  other  charges  imposed  for 
purposes  of  public  education." 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       279 

The  provisions  of  this  section  were  originally  con- 
tained in  Pub.  Laws  R.  I.  cap.  547,  §  1,  January  18, 
1865,  entitled  "  an  act  for  free  education  of  children 
of  disabled  and  deceased  officers,  soldiers  and  other 
persons  belonging  to  Rhode  Island  in  the  army  and 
navy  of  the  United  States."  The  two  sections  are 
substantially  the  same,  except  that  the  original  sec- 
tion contained  in  the  last  clause  the  word  "  rates,"  so 
that  it  read,  "  without  any  cost  or  expense  for  taxes, 
rates,  or  other  charges,"  etc.  At  the  date  of  the  pas- 
sage of  the  original  section,  school  districts  had 
power  to  fix,  or  to  authorize  their  trustees  to  fix,  sub- 
ject to  the  approval  of  the  school  committee  of  the 
town,  a  rate  of  tuition  to  be  paid  by  the  persons  at- 
tending school,  or  their  parents,  employers,  or  guard- 
ians, to  be  used  in  addition  to  the  moneys  received 
from  state  appropriations  in  defraying  the  cost  of 
fuel,  books,  and  other  expenses  incident  to  the  sup- 
port of  public  schools.  Rev.  Stat.  R.  I.  cap.  64,  §  9. 
In  towns  not  organized  into  districts,  the  school  com- 
mittee were  authorized  to  fix  the  rate  of  tuition.  Rev. 
Stat.  R.  I.  cap.  64,  §  11. 

Payment  of  these  rate  bills  might  be  required  in 
advance,  or  collected  by  the  town  or  district  collector 
in  the  same  manner  as  town  taxes.  Rev.  Stat.  R.  I. 
cap.  64,  §  13.  No  scholar  could,  as  a  matter  of  right, 
attend  any  other  than  the  public  school  in  the  district 
to  which  he  belonged,  if  the  town  was  divided  into 
districts,  or  if  not  so  divided,  any  other  than  the 
nearest  public  school. 

I  am  of  the  opinion,  that  the  intention  of  the  Gen- 
eral Assembly,  in  the  passage  of  Public  Laws  R.  I. 
cap.  547,  §  1,  January  18,  1865,  was  to  relieve  the 
children  of  the  classes  of  persons  named,  their  par- 


280  SCHOOL  MANUAL. 

ents  and  guardians,  from  the  payment  of  rate  bills 
which,  as  we  have  seen,  under  the  provisions  of  law 
then  existing,  were  liable  to  be,  and  were  in  fact,  as- 
sessed upon  scholars  attending  public  schools,  and 
from  the  payment  of  all  other  taxes  and  charges 
which  might  thereafter  be  imposed  by  law  upon 
scholars  personally  as  a  condition  of  attending  pub- 
lic schools,  and  also  at  the  same  time  to  confer  upon 
such  children  the  right  to  attend,  not  only  the  schools 
of  their  own  districts,  or  the  nearest  public  school  in 
towns  where  there  were  no  districts,  but  also  any 
public  school  in  the  State.  The  language  of  the  sec- 
tion, "All  the  public  schools  of  the  State  ....  shall 
be  open  ....  without  cost,"  &c.,  favors  this  view." 

By  Public  Laws  R.  I.  cap.  762,  §  3,  March  27,  1868, 
the  power  of  school  districts  to  impose  rate  bills  for 
tuition  upon  scholars,  or  their  parents,  or  guardians, 
was  repealed  ;  and  hence,  the  word  "  rates "  was 
omitted  from  Gen.  Stat.  R.  I.  cap.  58,  §  13,  which  was 
doubtless  intended  as  a  reenactment  of  the  law  ex- 
isting previously  to  its  taking  effect. 

Had  the  General  Assembly  intended  to  exempt  the 
property  of  the  classes  of  persons  named  from  taxa- 
tion for  the  purposes  of  education,  as  contended  by 
the  appellant,  they  could  easily  have  chosen  words 
more  apt.  Some  of  the  objections  to  such  a  con- 
struction, which  suggest  themselves,  may  be  stated. 
1.  There  is  no  limitation  as  to  the  amount  of  prop- 
erty which  a  person  of  the  classes  named  may  hold 
exempt  from  taxation.  2.  There  might  be  two  per- 
sons living  in  a  district,  owning  estates  of  equal 
value,  the  one  having  children  to  attend  school  and 
the  other  not,  whose  claims  to  exemption  from  taxa- 
tion in  every  other  respect  might  be  equally  strong. 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       281 

Under  the  construction  in  question,  the  property 
of  the  one  having  children  would  be  exempt,  while 
the  property  of  the  other  would  be  subject  to  taxa- 
tion. Can  it  be  supposed  that  the  General  Assembly 
intended  such  a  discrimination  ?  3.  If  the  construc- 
tion contended  for  were  to  prevail,  it  may  well  be 
doubted  whether  any  portion  of  the  money  appro- 
priated by  towns,  for  the  support  of  public  schools, 
derived  from  taxes  assessed  in  the  ordinary  way,  that 
is,  upon  all  ratable  property,  including  the  property 
of  the  classes  of  persons  named,  could  be  properly 
appropriated  for  that  purpose,  and  whether  it  would 
not  be  necessary  for  the  towns  to  order  a  special  tax 
for  the  support  of  public  schools,  in  the  assessment 
of  which  the  property  of  the  persons  named  should 
not  be  included.  Such  a  mode  of  proceeding  has 
never  been  considered  necessary. 

My  decision  is,  that  the  appellant  is  not  entitled  to 
the  exemption  claimed,  and  that  the  appeal  be  dis- 
missed. 

CHARLES  MATTESON,  A.  J.  S.  C. 

1878. 


DECISION  No.  99. 
Stephen  C.  Arnold  vs.  School  Committee  of  Scituate. 

Commissioner  has  no  jurisdiction  over  the  records  of  a  school  commit- 
tee, to  alter  or  amend  them. 

Mr.  Arnold  presents  another  appeal  from  the  same 
action  of  the  school  committee  which  was  involved 
in  his  appeal  of  1882,  and  claims  that  the  record  of 
the  finding  and  vote  of  the  committee  "  shall  be  ex- 

34* 


282  SCHOOL  MANUAL. 

punged  from  the  records  of  said  committee; "  because, 
first,  it  was  "  decided,  Feb.  16,  1882,  that  said  commit- 
tee had  no  jurisdiction  over  the  complaint  made  to 
them  which  occasioned  said  record;  second,  that  said 
committee  exceeded  its  lawful  powers  in  passing  the 
final  vote  above  named." 

I  do  not  see  how  in  this  case,  any  more  than  in  the 
former  appeal,  the  commissioner  has  any  jurisdic- 
tion. The  records  of  the  school  committee  are  sub- 
ject to  their  control,  and  to  theirs  alone. 

The  decision  of  the  legality  or  illegal^  of  any  vote 
does  not  affect  the  record  of  the  vote.  That  remains 
as  it  was,  and  is  subject  only  to  the  action  of  the 
same  body  which  originally  made  it. 

The  appeal  is  therefore  dismissed  for  lack  of  juris- 
diction. 

THOMAS  B.  STOCKWELL,  C.  P.  S. 

1883. 

See  No.  54. 
See  No.  89. 
See  No.  91. 
See  No.  93. 
See  No.  94. 
See  No.  96. 


DECISION  No.  100. 
Fred  E.  Hovey  vs.  The  Town  of  East  Providence. 

In  Rhode  Island  a  mechanic's  lien  cannot  be  enforced  against  a  building 
and  lot  held  by  a  town  for  the  uses  of  a  public  school. 

This  is  a  petition  for  the  enforcement  of  a  me- 
chanic's lien  against  a  lot  of  land  belonging  to  the 
defendant  town,  and  all  the  buildings  and  improve- 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       283 

merits  thereon,  for  materials  furnished  for,  and  used 
in  the  erection  of,  a  schoolhouse  thereon,  the  mate- 
rials having  been  furnished  to  the  contractor.  The 
question  is  raised  whether  such  a  lien  is  enforceable 
against  a  house  and  lot  held  by  a  town  for  the  uses 
of  a  public  school.  In  2  Jones  on  Liens,  577,  the  law 
is  stated  to  be  as  follows,  to  wit : 

"  On  grounds  of  public  policy  the  mechanic's  lien 
laws  do  not,  in  the  absence  of  express  provisions, 
apply  to  public  buildings  erected  by  states,  coun- 
ties, and  towns  for  public  uses.  Schoolhouses 
erected  for  the  use  of  public  schools  come  within 
this  exemption;  such  buildings  are  exempt  from  at- 
tachment and  from  sale  upon  execution,  and  for  the 
same  reason  are  exempt  from  liens  which  might  re- 
sult in  an  adverse  sale." 

It  is  easy  to  see  what  detriment  might  follow  if 
lands  and  buildings  held  for  public  uses, — as  for  in- 
stance for  parks,  courthouses,  jails,  town  halls,  or 
common  schools, — could  be  sold  to  satisfy  the  debts 
or  defaults  of  municipal  corporations  having  the 
legal  title.  The  public  uses  would  be  thereby  annihi- 
lated. Courts  have  presumed  that  this  could  not 
have  been  intended  and  accordingly  have  decided, 
as  a  matter  of  public  policy,  that  lands  or  buildings 
so  held  are  not  subject  to  mechanics'  liens.  We  see 
no  satisfactory  reason  why  we  should  not  follow  these 
precedents.  Our  statutes  recognize  that  there  is 
property  which  is  exempt  from  seizure  on  execution 
by  public  policy,  Pub.  Stat.  R.  I.  cap.  209,  §  4,  clause 
14.  Our  statutes  do  not  permit  executions  to  run 
against  the  property  of  towns,  but  provide  other 
modes  in  which  judgments  against  towns,  or  against 


284  SCHOOL  MANUAL. 

the  town  treasurers  representing  them,  may  be  sat- 
isfied. 

We  decide  that  the  petition  must  be  dismissed. 

THOMAS  DURFEE,  C.  J.  S.  C. 

1890, 

See  No.  97. 


DECISION   No.  101. 
Josephine  E.  Douglass  vs.  George  F.  Barber. 

1.    The  interruption  or  disturbance  i  3.  Where  an  officer  arrests  a  person 

of  a  school  in  violation  of  Pub.  without  a  warrant  for  an  of- 

Stat.  R.  I.  cap.  241,  §  7,  is  ;i  fence  committed  in   his  pres- 

breach  of  the  public  peace,  for  ;  ence,  the  law  requires  him  to 


which  an  offender  may  be  ar- 
rested by  an  officer  without  a 
warrant  when  committed  in 


make  a  complaint  for  the  of- 
fence, but  does  not  require  him, 
in  order  to  justify  such  arrest, 


his  presence.  to   procure   a   complaint   and 

The  interruption  or  disturbance  warrant   for    the    offence    so 


of  a  school  within  the  meaning 
of  the  statute  includes  not  only 
acts  which  disturb  the  school 
while  in  session  but  also  those 
which  prevent  the  school  from 


committed. 

If  he  makes  the  complaint,  the 
fact  that  the  magistrate  does 
not  issue  a  complaint  and  war- 
rant thereon  cannot  make  the 


assembling.  officer  a  trespasser. 

This  is  an  action  of  trespass  for  an  alleged  illegal 
arrest,  which  the  defendant  justifies  in  a  special  plea 
setting  forth  that  the  plaintiff,  at  the  time  of  the  sup- 
posed trespass,  had  entered  a  schoolhouse  in  the  town 
of  Exeter,  locked  the  door  from  the  inside,  and  was  de- 
taining possession  of  said  schoolhouse,  thereby  pre- 
venting the  teacher  and  scholars  of  said  school  from 
entering  therein;  and  the  defendant,  being  an  officer 
of  the  law,  to  wit,  a  constable,  thereupon  arrested 
the  plaintiff  and  took  her  before  the  justice  of  the 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       285 

District  Court,  where  a  warrant  was  issued,  upon 
which  she  was  arraigned  and  committed.  The  case 
is  before  us  on  exceptions  to  the  refusal  of  the  judge 
to  charge  the  jury  as  requested  at  the  trial. 

The  first  request  was  to  charge  the  jury  that  if  the 
plaintiff  took  possession  of  the  schoolhouse  and  was 
ejected  before  the  school  was  called  to  order  and  be- 
fore school  time,  she  was  not  guilty  of  a  misdemeanor. 
The  third  request  may  also  be  considered  with  the 
first. 

It  was  this  :  "  If  the  complainant  took  peaceable 
possession  of  the  schoolhouse  and  locked  the  doors,  so 
as  to  keep  the  teacher  and  scholars  out,  and  stayed 
inside,  making  no  threats  and  using  no  violence  to 
retain  possession,  then  the  defendant  had  no  right  to 
arrest  her  and  carry  her  to  Wickford,  but  did  have  a 
right  to  remove  her  from  the  schoolhouse  property, 
and  that  only." 

Pub.  Stat.  R.  I.  cap.  241,  §  7,  provides  a  punishment 
by  fine  or  imprisonment  for  persons  who  willfully  in- 
terrupt or  disturb  any  public  or  private  school.  From 
the  nature  of  the  offence,  which  violates  public  order 
and  interferes  with  public  and  personal  rights,  as 
well  as  the  specification  of  the  offence  in  the  statutes 
under  the  head  of  "  Offences  against  the  public  peace 
and  property,"  it  is  clear  that  the  interruption  or  dis- 
turbance of  a  public  school  is  a  breach  of  the  public 
peace,  for  which  an  offender  may  be  arrested  by  an 
officer  without  a  warrant  when  the  act  is  done  in  his 
view. 

The  requests  to  charge  are  based  upon  the  claim  that 
the  acts  of  the  plaintiff  in  this  case  amounted  only 
to  a  trespass  or  forcible  entry  and  detainer.  But 
we  think  that  they  were  more,  and  that  they  amounted 


:286  SCHOOL  MANUAL. 

to  a  violation  of  the  statute.  To  interrupt  and  disturb 
a  school  necessarily  includes  not  only  acts  which  dis- 
turb the  school  while  in  session,  but  also  those  which 
prevent  the  school  from  assembling.  A  school  is  as 
much  interrupted  or  disturbed  by  preventing  the  as- 
sembly, as  by  breaking  it  up  after  it  has  assembled. 
The  statute  is  aimed  at  the  protection  and  peaceable 
conduct  of  schools.  The  fact  of  calling  to  order, 
therefore,  is  without  significance.  It  would  be  a  very 
narrow  construction  of  the  statute,  which  could 
neither  be  justified  by  its  purpose  or  language,  to  say 
that  a  disorderly  act  after  a  school  had  been  called  to 
order  Avould  be  an  interruption  or  disturbance  of  the 
school  and  an  offence;  but  one  which  prevented  both 
the  holding  and  calling  to  order  of  the  school  would 
not  be  an  interruption  or  disturbance  and  so  no  of- 
fence at  all.  Accordingly  we  find  that  similar  stat- 
utes relating  to  religious  meetings  have  been  held  to 
extend  protection  "  to  the  assemblage  when  it  is  in 
the  act  of  gathering  together  at  the  place  appointed 
for  worship;  while  the  exercises  are  in  progress;  and 
until  there  is  a  dispersion  of  the  persons  who  have 
come  together,  and  they  cease  to  be  an  assemblage  or 
congregation." 

In  State  v.  Gager,  28  Conn.  232,  cited  by  the  plain- 
tiff, the  statute  provided  only  for  the  disturbance  of 
a  school  "while  the  same  is  in  session,"  and  the  court 
followed  the  language  of  the  statute.  Of  -course  it 
is  not  to  be  understood  that  disorderly  conduct  in  a 
schoolhouse,  so  long  a  time  before  or  after  school 
hours  as  not  to  interfere  with  the  assembly  or  session 
of  the  school,  would  be  a  violation  of  the  statute. 
But  that  is  not  this  case.  It  appears  from  the  record 
that  near  school  time  the  teacher  and  a  number  of 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       287 

scholars  arrived;  the  teacher  tried  to  enter  the  school- 
house,  but  the  plaintiff  prevented  her,  and  then  she 
was  obliged  to  send  for  help.  The  defendant  came, 
who,  after  a  demand  of  entrance  by  him  and  refusal 
by  the  plaintiff,  was  obliged  to  break  open  the  door. 
Not  only  might  all  this  take  enough  time  to  go  be- 
yond the^  usual  hour,  but  it  was  sufficient  to  show  an 
interruption  and  disturbance  in  the  assembling  of  the 
school.  The  requests  to  charge,  therefore,  were  too 
broad  and  were  rightly  refused. 

The  second  request  was  to  charge  that  an  officer 
arresting  a  person  without  a  warrant  for  a  crime 
committed  in  his  presence  must,  in  order  to  justify 
such  arrest,  procure  a  complaint  and  warrant  for  the 
identical  offence  so  committed.  It  appears  that  the 
plaintiff  had  been  guilty  of  disturbing  the  school 
while  in  session,  on  the  day  before  her  arrest;  that 
the  defendant  took  her  before  the  judge  of  the  Dis- 
trict Court  and  made  complaint  for  the  same  offence 
which  he  had  seen  that  morning,  and  for  which  he 
had  arrested  her.  The  district  judge,  not  sure  that 
locking  the  teachers  and  scholars  out  of  the  school- 
house  was  a  breach  of  the  peace,  thought  it  best  to 
make  out  a  complaint  and  warrant  for  the  disturb- 
ance on  the  previous  day,  and  did  so.  Undoubtedly 
the  law  requires  an  officer  who  makes  an  arrest  with- 
out a  warrant  to  make  a  complaint  for  the  offence, 
and  this  the  officer  did.  He  has  no  control  over  the 
magistrate,  and  having  made  the  complaint,  he  can 
do  no  more.  If  he  was  justified  in  the  arrest,  the 
action  of  the  magistrate  cannot  make  him  a  tres- 
passer, and  we  know  of  no  decision  which  goes  to 
that  extent.  We  think,  therefore,  that  the  failure  of 
the  officer  to  procure  a  complaint  and  warrant  for  the 


288  SCHOOL  MANUAL. 

offence  committed  in  his  presence  was  not  decisive 
of  his  justification  in  the  arrest,  and  that  the  request 
so  to  charge  was  rightly  refused. 

JOHN  H.  STINESS,  A.  J.  S.  C. 
1894. 


DECISION  No.  102. 

In  the  Matter  of  the  Vote  of  the  town  of  Johnston  to 
Abolish  School  Districts. 

Registry,  as  well  as  taxpaying,  voters  are  entitled  to  vote  upon  the  question 
of  abolishing  the  school  districts  of  a  town. 

At  a  town  meeting  of  the  town  of  Johnston,  held 
on  the  first  Monday  of  June,  1895,  it  was  voted  to 
abolish  school  districts  in  said  town.  By  the  agreed 
statement  of  facts,  it  appears  that  the  meeting  was 
regularly  and  legally  called  and  that  notice  of  the 
subject  was  inserted  in  the  warrant  for  said  meeting, 
pursuant  to  the  provisions  of  Public  Laws,  chapter 
447.  It  also  appears  that  both  registry  and  taxpaying 
voters  were  allowed  to  vote  upon  the  subject,  and 
that  a  majority  of  the  taxpaying  voters  did  not  vote 
in  favor  of  the  proposition.  A  taxpaying  voter  of 
the  town  objects  to  the  legality  of  the  action  taken 
and  raises  the  following  questions: 

"Does  a  registry  voter,  under  the  provisions  of 
chapter  447  of  the  Public  Laws,  have  a  right  to  vote 
on  the  question  of  abolishing  school  districts  ? 

"  If  said  chapter  447  confers  such  right,  is  said 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       289 

chapter  constitutional,  so  far  as  it  provides  for  the 
vesting  of  school  property  in  the  town,  for  the  as- 
sessment and  remission  of  taxes  for  the  payment  of 
the  same,  and  for  the  adjustment  of  differences  in 
the  value  of  school  property,  upon  a  vote  to  abolish  ?" 

Under  the  provisions  of  the  Constitution,  registered 
voters  have  the  right  to  vote  on  all  questions  in  all 
legally  organized  town  meetings,  excepting  the  elec- 
tion of  the  city  council  of  any  city  or  upon  any  prop- 
osition to  impose  a  tax  or  for  the  expenditure  of 
money. 

The  proposition  to  abolish  school  districts  is  not  a 
proposition  to  impose  a  tax  or  to  expend  money.  It 
is  a  question  of  the  management  of  schools,  by  a 
school  committee  or  by  trustees,  in  which  registry 
voters  are  liable  to  be  as  much  interested  and  affected 
as  taxpayers.  But  it  is  said  that  this  is  practically  a 
vote  to  impose  a  tax,  because,  under  the  law,  a  tax 
equal  to  the  amount  of  the  appraisal  of  the  school 
property  is  to  follow.  While  this  is  true,  it  is,  never- 
theless, quite  different  from  an  ordinary  tax.  None 
of  the  amount  so  assessed  goes  to  the  town,  but  is  all 
remitted  to  the  taxpayers  of  the  several  districts  in 
proportion  to  the  value  of  the  district  property  taken 
by  the  town,  for  the  purpose  of  equalizing  the  con- 
tributions thus  made.  It  is  a  scheme  for  equaliz- 
ation rather  than  a  tax. 

It  does  not  follow  that  a  registry  voter  is  disquali- 
fied because  the  ultimate  result  of  action  taken  may 
affect  taxation. 

For  example,  dividing  a  school  district  would  affect 
the  expense  of  maintenance  and  the  area  of  taxation. 
In  1854  a  question  arose  whether  registry  voters  could 
vote  upon  this  question. 


290  SCHOOL  MANUAL. 

The  Commissioner,  Hon.  Elisha  R.  Potter,  after- 
wards one  of  the  justices  of  this  court,  held  that  they 
could,  and  the  decision  was  approved  by  Chief  Jus- 
tice Greene. 

While  the  decision  rests  upon  the  fact  that  the  vote 
was  merely  a  recommendation,  the  concluding  sen- 
tence assumes  the  right  to  vote  upon  all  questions 
except  those  of  taxing  and  expending  money.  We 
think  that  this  is  correct.  The  right  to  vote  should 
not  be  curtailed  except  by  the  clear  provisions  of  the 
Constitution;  and  where  the  limitation  is  not  clear 
the  Constitution  should  be  liberally  construed,  es- 
pecially in  matters  relating  to  public  schools.  When, 
in  the  opinion  of  the  voters  of  a  town,  the  schools 
can  be  better  managed  by  the  school  committee  than 
by  districts,  the  law  vests  all  the  school  property  in 
the  town  and  provides  for  the  equalization  of  values 
by  the  tax  referred  to. 

Education  being  a  public  duty,  the  legislature  has 
the  power  to  do  this,  and  it  is  done  by  force  of  the 
law  rather  than  by  the  action  of  the  town.  The  vote 
of  the  town  is  the  thing  which  sets  in  motion  the 
operation  of  the  law.  Our  conclusion  is  that  Public 
Laws,  chapter  447,  was  intended  to  give  the  right 
to  vote  to  all  voters  in  town  meeting  assembled  ; 
that  the  question  submitted  is  not  included  in  the 
proviso  of  Article  VII,  section  1,  of  amendments  to 
the  Constitution,  and  hence  that  the  act  and  the 
action  under  it  are  not  in  conflict  with  the  provisions 
of  the  Constitution  in  this  respect. 

The  remaining  question,  whether  the  act  is  in  other 
respects  constitutional,  is,  so  far  as  any  objections 
have  been  called  to  our  attention,  sufficiently 


DECISIONS  RELATING  TO  PUBLIC  INSTRUCTION.       291 

answered  in  Town  Council  of  Cranston,  Petitioner, 
Index  ST.  K  44. 

JOHN  H.  STINESS,  A.  J.  S.  C. 

1895. 

See  No.  3. 
See  No.  8. 


292  SCHOOL  MANUAL. 


REMARKS. 


BOARD   OF   EDUCATION. 

The  State  Board  of  Education  is  composed  of  the 
Governor  and  Lieutenant  Governor,  ex-officiis,  and 
six  members  elected  by  the  General  Assembly. 

In  addition  to  the  general  supervision  and  control 
of  the  schools  of  the  State,  which  the  statutes  confer 
on  the  Board  of  Education,  the  following  specific 
duties  are  devolved  upon  them: — The  election  of  the 
commissioner  of  public  schools  ;  the  care  and  over- 
sight of  the  free  public  libraries  and  distribution  of 
the  annual  State  appropriation  for  the  same  ;  the  ap- 
portionment of  the  annual  State  appropriation  for 
evening  schools,  and  the  supervision  of  their  work  ; 
the  supervision  of  the  education  of  deaf,  blind,  and 
imbecile  children  ;  the  provision  of  blanks  for  re- 
turns from  all  public  educational  institutions  and  all 
private  schools  ;  participation  through  two  of  their 
number  in  the  management  of  the  R.  I.  School  of 
Design  ;  the  decision  of  all  cases  of  remission  of  fines, 
penalties,  and  forfeitures  arising  under  the  school 
laws  ;  and  the  presentation  of  an  annual  report  to 
the  General  Assembly.  The  Board  of  Education, 
together  with  the  commissioner  of  public  schools, 
constitute  the  Trustees  of  the  State  Normal  school, 
and  are  vested  with  the  entire  control  and  manage- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        293 

ment  of  the  same,  subject,  in  the  matter  of  expendi- 
tures, to  the  amount  appropriated  for  the  school  by 
the  General  Assembly.  _'The  regular  meetings  of  the 
Board  occur  monthly  on  the  first  Saturday  of  the 
month. 

THE   COMMISSIONER   OF   PUBLIC   SCHOOLS. 

The  commissioner  is  secretary  of  the  Board  of 
Education,  and  its  executive  officer  in  the  adminis- 
tration of  the  duties  devolved  upon  them  by  the 
laws.  His  other  duties  are  to  advise  with  school 
officers,  teachers,  and  others,  in  all  matters  relating 
to  education  ;  to  visit  and  inspect  the  schools  of  the 
State  as  often  as  practicable  ;  to  deliver  addresses  in 
the  several  towns  on  subjects  relating  to  the  progress 
of  the  schools  ;  to  arrange  and  conduct  teachers'  in- 
stitutes in  various  parts  of  the  State,  as  the  several 
localities  may  demand  ;  to  recommend  and  secure,  as 
far  as  is  desirable,  a  local  uniformity  of  text-books  ; 
to  assist  in  the  establishment  of,  and  the  selection  of 
books  for,  school  libraries  ;  to  apportion  the  State  ap- 
propriations for  day  schools  and  school  apparatus ; 
to  prepare  and  publish  annually  a  programme  for 
the  use  of  the  schools  on  Arbor  Day  ;  to  establish  all 
forms  of  registers  and  returns  and  furnish  the  same 
to  the  school  authorities  ;  to  collect  and  collate  the 
statistics  relating  to  public  schools,  and  to  present  an 
annual  report  to  the  Board  of  Education  upon  the 
state  of  the  schools,  with  plans  and  suggestions  for 
their  improvement. 

The  commissioner  is  also  a  judicial  adviser  on  all 
questions  arising  under  the  administration  of  the 
school  laws,  and  is  required  to  hear  and  decide  all 

25* 


294  SCHOOL  MANUAL. 

cases  presented  by  appeal  or  otherwise,  free  of  ex- 
pense to  the  parties.  In  the  words  of  the  late  Chief 
Justice  Ames,  the  commissioner  is  "  in  legal  idea,  the 
visitor  of  the  public  schools  of  the  State — a  domestic 
judge— whose  short  and  noiseless  method  of  settling 
disputes  arising  between  the  different  officers  and 
members  of  this  academic  body  is  intended  to  pre- 
serve that  peace  and  harmony  which  are  so  essential 
to  its  well-being/' 

TOWNS. 

Each  town  is  required  to  maintain  a  system  of 
schools,  and  to  appropriate  for  their  maintenance  a 
sum  at  least  equal  to  that  received  from  the  State, 
under  the  provision  of  chapter  53.  Any  town  which 
shall  fail  or  refuse  to  raise  for  schools  the  above  sum 
forfeits  its  proportion  of  the  State  appropriation  for 
the  benefit  of  the  school  fund  of  the  State,  but  is  not 
relieved  from  its  obligation  to  maintain  schools.  The 
character  and  extent  of  the  education  furnished  in 
any  town  is  determined  practically  by  the  people  in 
the  making  of  the  appropriation,  either  in  town  or 
district  meetings.  The  State  has  established  no 
standard. 

The  schools  are  carried  on  under  either  the  town, 
or  the  district,  system.  Where  the  former  prevails, 
the  schools  are  wholly  in  charge  of  the  school  com- 
mittee of  the  town.  Under  the  district  system  the 
trustee  has  the  superintendence  of  the  school  prop- 
erty of  the  district,  and  contracts  with  the  teachers, 
while  the  school  committee  exercise  all  other  author- 
ity over  the  schools.  In  all  cases  the  schools  are  sub- 
ject to  the  supervision  of  the  commissioner  of  public 
schools. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        295 

The  simplicity,  unity,  and  economy  of  the  town 
system  are  in  favor  of  its  universal  adoption  ;  and 
any  town  may,  by  a  vote  at  the  annual  town  meet- 
ing, so  far  relinquish  the  district  system  as  to  place 
the  entire  management  of  the  schools  in  the  hands  of 
the  school  committee  of  the  town,  notice  of  the  pro- 
posed change  having  been  inserted  in  the  warrant 
for  the  town  meeting  ;  but  the  school  property  will 
still  remain  in  the  control  of  the  districts.  Any  town 
may  also  at  any  town  meeting,  the  subject  having 
been  duly  inserted  in  the  warrant  for  said  meeting, 
abolish  all  the  school  districts  therein,  whereupon  all 
care  a'nd  control  of  the  schools  and  school  property 
devolve  upon  the  school  committee. 

Towns  are  authorized  to  establish  and  maintain  free 
public  libraries  and  are  permitted  to  assess  a  tax,  not 
exceeding  twenty-five  cents  on  each  hundred  dollars 
of  ratable  property,  for  the  founding  of  such  libraries, 
and  an  annual  tax,  not  exceeding  twenty  cents  on  each 
one  thousand  dollars  of  ratable  property,  for  the  sup- 
port and  increase  thereof. 

TOWN  CLERKS. 

It  is  the  duty  of  the  several  town  clerks,  or  of  some 
person  appointed  by  the  town  council,  to  take  the 
school  census  annually  and  make  return  thereof,  as 
required  by  law,  to  the  school  committee  ;  they  are 
also  to  distribute  to  the  persons  designated  all  such 
school  blanks  and  other  documents  as  may  be  sent  to 
them.  In  those  cases  where  the  town  is  divided  into 
school  districts  the  town  clerk  is  required  to  keep  a 
record  of  the  district  boundaries  and  of  all  changes 
therein;  and  he  should  provide  a  special  book  for 
that  purpose. 


296  SCHOOL  MANUAL. 

TOWN  TREASURERS. 

The  town  treasurer,  as  soon  as  the  town  has  voted 
the  annual  appropriation  for  public  schools,  or  before 
the  first  of  July  in  each  year,  should  make  his  return 
to  the  commissioner  as  required  by  law.  This  return 
must  contain  a  statement  of  the  amount  expended  by 
the  town  for  all  school  purposes,  and  the  sources  from 
which  it  was  derived;  and  also  a  statement  of  the 
amount  appropriated  for  public  schools  for  the  next 
year.  Failure  to  make  such  return  will  prevent  the 
payment  of  the  town's  share  of  the  public  money. 

He  is  to  keep  a  separate  account  of  all  school 
moneys,  and  is,  before  the  first  day  of  July  in  each 
year,  to  furnish  the  school  committee  with  a  par- 
ticular account  of  all  moneys  applicable  to  the 
support  of  public  schools  for  the  current  school 
year,  specifying  the  sources  of  the  same.  He  can 
only  pay  out  the  school  moneys,  whether  derived  from 
the  State,  town,  dog  or  poll  lax,  upon  orders  signed 
by  the  chairman  or  clerk  of  the  school  committee, 
4ind  if  he  should  pay  it  out  or  appropriate  it  other- 
wise, he  would  be  liable  to  the  penalty  of  the  law. 

Special  attention  is  now  called  to  the  fact  that  the 
law  requires  that  the  amount  of  money  received  from 
poll  taxes  shall  be  kept  out  of  the  school  fund  till 
the  first  Monday  in  May  of  each  year,  when  the  whole 
amount  received  during  the  year  is  to  be  credited  to 
the  school  account.  It  is  desirable  that  this  provision 
of  the  law,  as  also  a  similar  one  in  reference  to  the 
-dog  taxes,  should  be  strictly  obeyed,  as  it  will  aid 
very  much  in  securing  correct  reports  each  year. 

It  is  very  desirable  that  the  town  treasurer's  return 
to  the  commissioner  should  be  made,  as  the  law  re- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        297 

quires,  on  or  before  July  1st,  because  failure  to  do  so 
is  very  vexatious,  and  will  delay,  if  not  stop,  the  pay- 
ment of  the  town's  share  of  the  State  money.  It  is 
also  very  necessary  that  the  return  of  the  treasurer 
shall  cover  the  same  period  of  time  as  that  covered  by 
the  return  of  the  school  committee.  The  object  of 
the  law  requiring  returns  from  each  source  is  that 
they  may  be  used  to  verify  each  other  and  thus  secure 
freedom  from  mistakes.  But  this  cannot  be  done  if 
they  are  made  out  for  different  periods  of  time. 

SCHOOL   COMMITTEES. 

Great  care  should  be  taken  by  the  several  towns  in 
the  selection  and  election  of  the  best  men  and  ivomen 
to  this  office.  No  political  issues  should  hinder  the 
election  of  competent  persons  to  this  most  responsible 
office  of  the  town.  The  interests  of  the  children  are 
too  valuable  to  be  entrusted  to  those  who  know 
nothing  about  them,  and  care  not  for  their  future 
welfare. 

The  law  allows  competent  women,  as  well  as  men, 
to  be  elected  to  this  office,  and  experience  shows  that 
some  women  have  most  faithfully,  conscientiously, 
and  successfully  fulfilled  its  duties.  Their  time,  in- 
terest, sympathies,  and  benevolent  purposes  eminently 
qualifj^  them  for  the  duties,  and  a  portion  of  each 
school  board  may  well  be  constituted  of  active  and 
efficient  women.  The  one  condition  imposed  by  law 
upon  membership  is  residence  in  the  town.  The  one 
disqualification  is  a  pecuniary  interest  in  any  school 
text-book  used  in  the  town. 

It  is  believed  that  in  all  cases  it  will  be  better  to 
have  the  town's  committee  small  rather  than  large. 


298  SCHOOL  MANUAL. 

Their  duties  are  to  examine  teachers,  visit  the  schools, 
and  have  supervision  over  them.  There  is  danger 
that  a  large  committee  will  not  meet  often,  and  that 
they  will  attempt  to  perform  too  many  of  their  duties 
by  small  sub-committees  of  one  or  more.  The  dele- 
gation of  the  power  to  manage  some  particular  dis- 
trict to  each  member  has  always  been  a  great  'cause 
of  the  inefficiency  of  our  sj'stem.  The  whole  com- 
mittee should  have  some  knowledge  of  all  of  the 
schools,  and  the  persons  appointed  to  visit  particular 
schools  should  always  make  specific  reports  to  the 
whole  board  at  their  monthly  or  quarterly  sessions. 
In  this  way  alone  can  the  committee  act  wisely  and 
intelligent!}'  for  all  the  schools  under  their  care. 
Special  attention  to  the  duties  of  examination  of 
schools  alone  can  fit  the  committee  to  make  such  an- 
nual communication  to  the  people  of  the  town  on  the 
subject  of  their  schools  as  shall  be  of  the  greatest 
service  to  them.  This  annual  report  should  by  all 
means  be  printed  and  circulated  among  all  the  citizens 
of  the  town,  as  the  law  provides.  The  mothers  and 
sisters  of  the  scholars  should  see  it  as  well  as  the 
fathers  and  brothers,  and  the  only  way  in  which  they 
can  all  enjoy  this  privilege  is  to  have  it  printed,  and 
at  least  one  copy  furnished  to  each  family  in  the 
town.  It  is  then  easy  to  make  all  citizens  acquainted 
with  the  workings  of  our  school  system,  and  to  in- 
duce them,  both  to  make  ample  provisions  for  its 
support,  and  to  guard  carefully  the  expenditures 
made  for  the  common  benefit. 

ORGANIZATION. 

At  the  first  regular  meeting  of  the  committee,  after 
the  annual  election  of  members  of  the  school  commit- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION. 

tee,  the  certificates  of  election  of  the  new  members 
should  be  presented,  together  with  the  certificates  of 
their  engagement,  and  these  should  be  either  spread 
upon  the  records  in  full,  or  the  record  should  state 
the  facts  clearly,  and  the  original  papers  should  be 
filed  with  the  documents  of  the  committee. 

The  committee  should  organize  by  choosing  a  chair- 
man and  a  clerk,  who  are  removable  by  the  commit- 
tee, during  the  year  for  which  they  are  elected,  only 
for  cause  and  after  a  hearing.  At  this  meeting  also 
the  committee  should  elect  the  superintendent  of 
schools. 

Where  the  town  system  prevails  it  is  usually  best 
for  the  committee  to  be  divided  into  sub-commit- 
tees having  special  charge  of  certain  specific  depart- 
ments of  the  work,  such  as  teachers,  supplies,  build- 
ings and  other  school  property,  truancy,  etc. 

The  extent  of  the  authority  of  these  sub-commit- 
tees will  always  be  determined  lay  the  rules  and  reg- 
ulations of  the  full  committee. 

The  number  of  the  school  committee  in  each  town 
is  now  fixed  by  statute  law  at  the  number  constituting 
the  committee  on  the  first  day  of  February,  1896,  and 
cannot  be  changed  except  by  special  act  of  the  General 
Assembly.  If  the  town  fails  to  elect  the  requisite 
number  at  the  annual  town  meeting,  the  town  coun- 
cil must  elect  them  at  its  next  meeting.  Any  town 
may  vote  to  delegate  to  the  council  the  entire  power 
of  appointing  the  committee. 

Vacancies: — If  any  member  of  the  committee  re- 
signs, removes,  or  dies,  the  vacancy  must  be  supplied 
by  the  town  council  until  the  next  annual  town  meet- 
ing, which  then  fills  the  vacancy  for  the  unexpired 


300  SCHOOL  MANUAL. 

term,  or  refers  it  to  the  council,  which  proceeds  to  do 
the  same. 

Meetings. — The  school  committee  must  hold  at  least 
four  meetings  in  each  year.  The  times  for  these 
regular  meetings  should  be  fixed  by  a  by-law  of  the 
committee,  in  order  that  people  having  business  to  do 
before  the  committee  may  know  when  to  attend. 
But  as  a  general  rule  the  schools  cannot  prosper  un- 
less meetings  are  held  as  often  as  once  a  month.  In 
towns  divided  into  school  districts  it  would  be  well 
for  committees  to  obtain  a  knowledge  of  the  situation 
of  the  different  districts, — the  amount  of  taxable 
property  in  each,  and  the  number  of  children,  etc. ;. 
and  this  sort  of  information  should  be  preserved,  as 
it  is  absolutely  necessary  to  enable  them  and  their 
successors  to  discharge  well  their  duties. 

All  acts  of  the  school  committee  to  be  valid  must 
be  done  at  a  meeting  of  the  committee.  Giving  their 
assent  to  any  measure  separately,  and  without  meet- 
ing, would  be  held  illegal. 

The  manner  of  calling  special  meetings  of  the  com- 
mittee should  be  regulated  by  by-law  for  the  sake  of 
order  and  regularity.  If  there  be  no  by-law,  the 
chairman  or  clerk  should  call  them,  and  should  give 
every  member  notice. 

The  clerk  should  make  a  full  record  of  all  trans- 
actions of  the  committee,  including  the  motions  neg- 
atived, as  well  as  those  adopted,  as  parties  may  be 
interested  in,  and  have  a  right  to  appeal  in  many 
cases  from,  a  negative  vote  as  well  as  an  affirmative 
one.  In  cases  of  notices  of  proposed  changes  in  text- 
books it  would  be  well  in  all  cases  to  copy  them  upon 
the  records. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.       301 

All  changes  in  the  boundaries  of  the  districts  must 
be  immediately  reported  to  the  town  clerk  by  the 
clerk  of  the  committee. 

When  it  can  be  conveniently  done,  the  minutes  of 
the  proceedings,  as  drawn  out  by  the  clerk,  should  be 
read  in  open  meeting,  or  at  the  next  meeting,  for  cor- 
rection if  necessary.  Misunderstandings  may  thu& 
be  prevented. 

The  clerk  should  always  record  the  names  of  the 
members  of  the  committee  present  at  each  meeting. 
He  should  also  keep  copies  of  all  abstracts,  and  all 
reports  made  to  the  commissioner,  so  that  the  com- 
mittee may  have  them  for  future  reference  and  com- 
parison. 

If  no  special  place  is  provided  for  the  use  of  the- 
committee  for  the  safe  keeping  of  their  documentsr 
the  more  important  ones,  such  as  completed  record 
books,  should  be  lodged  with  the  town  clerk. 

Before  the  first  day  of  July  in  each  year,  the  school 
committee  are  entitled  to  receive  from  the  town  treas- 
urer a  report  of  all  school  moneys  in  his  hands,  or  to 
be  received,  which  will  be  applicable  for  the  support 
of  public  schools  for  the  current  school  year,  specify- 
ing particularly  the  sources  whence  derived. 

Laying  off  Districts. — In  towns  divided  into  school 
districts  the  whole  power  of  making  new  districts, 
altering  old  ones,  and  of  settling  disputed  boundaries 
is  vested  by  law  in  the  school  committee,  subject  to 
an  appeal  to  the  commissioner.  Notice  must  be  given 
in  all  cases  by  posting  on  the  schoolhouses,  and  send- 
ing to  the  trustees,  of  the  districts  liable  to  be 
affected,  notice  of  the  meeting  and  of  the  proposed 
changes,  for  at  least  five  days  previous  thereto. 


302  SCHOOL  MANUAL. 

In  laying  off  districts,  regard  should  be  had  to  the 
convenience  of  attending  school,  the  number  of  schol- 
ars, the  valuation  of  property,  and  ability  to  provide 
schoolhouses,  etc.  It  will  be  always  expedient  to 
bound  them  by  rivers,  roads,  or  other  natural  or  well- 
known  boundaries,  when  practicable.  When  the  lines 
can,  without  inconvenience,  be  so  drawn  as  to  include 
all  of  a  person's  farm  in  the  same  district  where  his 
dwelling-house  is,  it  will  save  a  great  deal  of  trouble 
and  expense  in  assessing  taxes,  but  in  all  cases  the 
lines  must  be  continuous. 

Districts  must  be  set  off  by  bounds  including  cer- 
tain land.  It  is  not  sufficient  to  declare  that  a  dis- 
trict shall  be  composed  of  such  and  such  persons. 
The  Supreme  Court  of  Massachusetts  has  declared 
such  districts  to  be  invalid.  [7  Pick.  106,  and  12 
Pick.  206.] 

When  a  district  which  has  built  a  schoolhouse  is 
divided,  or  its  bounds  altered  so  as  to  take  off  any 
portion  of  it,  the  joint  property  is  to  be  equitably 
apportioned  among  the  several  parts.  If  the  district 
owes  any  debts,  they  should  of  course  be  considered 
in  the  apportionment.  In  some  cases  this  can  be 
done  by  a  division  of  the  property  itself.  In  other 
cases  the  rent  or  income  may  be  apportioned,  accord- 
ing to  the  peculiar  circumstances.  The  school  com- 
mittee must  decide  such  cases,  subject,  of  course,  to- 
the  appeal  provided  by  the  law. 

Where  it  is  much  more  convenient  for  a  person  be- 
longing to  one  district  or  town  to  send  to  a  school  in 
another  district  or  town  the  policy  of  both  school 
committees  and  trustees  should  be  to  extend  the  ad- 
vantages of  the  schools  as  f  reely  as  the  circumstances 
will  permit.  The  State  is  now  so  large  a  contributor 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         303 

to  the  support  of  the  great  majority  of  the  schools 
that  the  advantages 'thereof  ought  to  be  made  as 
available  as  possible.  The  school  committee  have 
now  the  power  to  send  a  child  into  an  adjoining  town 
and  pay  for  the  tuition  from  the  school  money.  The 
.authority  to  admit  or  send  from  one  district  to  an- 
other in  the  same  town  is  now  in  the  school  commit- 
tee, and  not  in  the  trustee.  If  the  pupils  come  from 
outside  of  the  town,  the  trustees  have  the  authority 
to  admit  them,  subject  to  the  approval  of  the  school 
•committee. 

As  a  rule  district  lines  should  not  be  changed, 
•except  for  good  and  sufficient  reasons.  Frequent 
changes  of  boundary  lines  tend  to  confusion  and 
error  in  the  assessment  of  taxes  and  other  business. 
In  every  town  where  the  district  system  prevails  it 
would  be  well  to  have  a  description  of  the  districts 
printed  for  general  information  and  circulation,  one 
copy  of  which  should  be  affixed  to  the  record  book  of 
each  district. 

The  provision  of  the  law  that  the  town  clerk  shall 
keep  a  record  of  the  district  boundaries  is  of  great  im- 
portance, and  school  committees  should  be  very  par- 
ticular to  report  to  the  town  clerk  immediately  all 
their  actions  relating  thereto. 

The  power  of  forming  joint  districts  on  the  borders 
of  the  different  towns  is  also  confided  to  the  school 
committees.  Many  of  the  manufacturing  villages  are 
on  streams  which  are  the  boundaries  of  towns,  and 
are  partly  in  both  towns.  In  such  situations  the 
school  committees  should  encourage  the  union  of  the 
adjoining  districts,  as  both  together  will  probably  be 
able  to  establish  a  graded  school,  or  at  least  to  main- 


304  SCHOOL  MANUAL. 

tain  a  better  and  a  longer  school  than  either  one 
alone. 

In  similar  cases  where  the  schools  are  managed 
under  the  town  system  the  committees  are  recom- 
mended to  unite  in  maintaining  one  graded  school, 
instead  of  two  ungraded  schools,  as  it  will  secure  a 
better  quality  of  instruction  at  less  cost. 

In  assigning  to  a  district  or  portion  thereof,  which 
forms  part  of  a  joint  district,  its  proportion  of  the 
public  money,  the  committee  of  the  town  in  which 
the  school  is  located  will  assign  to  it  on  the  same 
basis  as  to  all  of  the  other  schools  in  the  town,  while 
the  committee  of  the  other  town  will  assign  to  it  its 
proportional  share  according  to  the  number  of  pupils 
only. 

Location,  Plans,  etc.—  The  school  committee  are  to 
locate  all  schoolhouses.  In  towns  divided  into  school 
-districts  the  school  committee  must  approve  of  all 
plans  and  specifications  for  building  or  repairing 
schoolhouses,  and  all  district  taxes  for  whatever  pur- 
pose. When  the  district  is  unanimous,  and  the  loca- 
tion on  the  whole  unobjectionable,  the  committee 
should  defer  to  their  wishes  ;  but  in  cases  of  dispute 
they  should  endeavor  to  select  such  a  site  as  will  best 
accommodate  the  greater  portion  of  the  district,  and 
at  the  same  time  fulfill  the  conditions  of  a  good  site. 
In  this  connection  it  should  be  said  that  the  size  of 
the  schoolhouse  lot  is  of  great  importance,  and  the 
committee  may  not  unlikely  find  it  necessary  some- 
times to  condemn  a  location  on  account  of  its  unsuit- 
able size.  If  a  district  is  unable  to  secure  by  pur- 
chase a  lot  acceptable  to  the  committee,  the  committee 
are  authorized  to  proceed  and  select  a  lot  and  appoint 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        305 

three  disinterested  persons  to  appraise  its  value,  and 
upon  tender  of  said  sum  to  the  owner  of  the  land  the 
title  is  vested  in  the  district.  If  the  owner  is  aggrieved 
he  may  appeal  within  six  months  from  said  tender  to 
the  common  pleas  division  of  the  supreme  court  for 
the  county  in  which  the  district  is  located  for  such 
relief  as  the  court  may  decide,  according  to  the  pro- 
visions made  for  relief  from  over-assessment  of  taxes. 

The  provision  that  all  taxes  which  any  district  may 
order  must  be  approved  by  the  school  committee  was 
intended  to  operate  as  a  salutary  check  against  the 
improper  exercise  of  the  power  given  to  school  dis- 
tricts. In  some  districts  there  may  be  but  few  legal 
voters  ;  in  others,  the  majority  of  voters  may  be  per- 
sons not  interested  in  the  property  in  the  district ; 
and  various  other  cases  may  happen  where  a  minority 
should  be  protected  against  abuse  of  taxation.  And 
for  this  purpose  the  law  requires  the  approbation  of 
the  school  committee,  the  majority  of  whom  will  prob- 
ably belong  to  other  parts  of  the  town,  and  have  no 
private  or  personal  interest  in  the  local  controversies 
and  disputes  of  the  district. 

For  the  same  and  other  reasons  the  law  requires 
the  plan  of  building  to  be  approved  by  the  commit- 
tee. The  committee  should  therefore  investigate  this 
subject,  and  visit  and  examine  the  best  schoolhouses, 
and  consult  the  best  authorities  on  heating,  ventila- 
tion, lighting,  etc.,  so  as  to  -be  prepared  to  act  when 
called  on.  Moreover,  the  committee  should  not 
always  wait  till  called  upon,  before  acting  in  refer- 
ence to  the  condition  of  the  school  buildings.  The 
responsibility  for  seeing  that  the  buildings  used  for 
school  purposes  are  suitable  rests  with  the  commit- 
tee, and  they  should  not  hesitate  to  act  accordingly, 

26* 


.306  SCHOOL  MANUAL. 

Granting  Certificates. — In  towns  acting  under  the 
-district  system  no  person  can  be  employed  by  any 
trustee  as  a  teacher  who  does  not  hold  a  certificate  of 
qualification  from  the  school  committee. 

The  granting  of  such  certificates  of  qualification 
and  the  annulling  of  the  same  for  cause  are  among 
the  most  important  duties  devolving  on  the  school 
committee,  and  on  their  faithful  performance  the 
efficiency  of  the  law  largely  depends. 

In  towns  without  districts,  where  the  authority  to 
hire  teachers  is  vested  in  the  school  committee,  no 
formal  certificate  of  qualification  is  required,  as  it  is 
not  perceived  how  such  a  step  affords  any  safeguard 
to  the  teacher's  office.  So  long  as  there  is  no  fixed 
standard  of  attainment,  but  each  school  committee 
is  at  liberty  to  make  its  own,  the  issuing  of  a  certifi- 
cate to  those  teachers  whom  they  proposed  to  engage 
would  be  an  act  of  pure  formality. 

But  the  fact  that  the  committee  is  not  obliged  to 
grant. formal  certificates  in  such  cases  does  not  at  all 
relieve  them  from  the  obligation  of  carefully  deter- 
mining the  qualification  of  all  teachers  before  engag- 
ing them. 

The  inefficiency  of  the  school  system  in  most  of 
the  towns  may  be  traced  to  the  fact  that  the  duties 
of  examining  teachers  and  visiting  the  schools  are 
too  generally  neglected  or  ill-performed. 

The  law  gives  the  committee  the  power  to  appoint  a 
sub-committee  for  the  purpose  of  examining  teachers, 
or  they  ma}7  impose  the  duty  upon  the  superintendent. 
But  it  is  respectfully  suggested  that  where  the  whole 
committee  can  meet  for  this  purpose  it  is  most  advis- 
able. It  will  have  a  better  effect  upon  the  teachers 
themselves,  and  incompetent  persons  will  be  less  likely 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        307 

to  present  themselves.  It  is  certain  that  the  author- 
ity to  grant  certificates,  or  determine  qualifications, 
should  never  be  vested  by  a  committee  in  two  bodies 
or  persons  at  the  same  time.  Such  a  division  of  re- 
sponsibility is  always  attended  with  disastrous  re- 
sults. Where  the  duty  of  examining  and  certificat- 
ing teachers  is  imposed  upon  the  superintendent  or 
a  sub-committee,  the  action  of  such  sub-committee  or 
superintendent  should  be  final.  To  allow  an  appeal 
to  the  committee  is  to  weaken  the  force  and  value  of 
the  authority,  opinions,  and  decisions  of  the  ex- 
aminer. 

In  making  such  examinations,  whether  by  the  whole 
board  or  by  the  sub-committee,  they  should  inquire  : 

First,  as  to  moral  character.  On  this  point  the 
committee  should  be  entirely  satisfied  before  pro- 
ceeding further.  Some  opinion  can  be  formed  from 
the  general  deportment  and  language  of  the  appli- 
cant ;  but  the  safest  course  will  be,  with  regard  to 
those  who  are  strangers  to  the  committee,  to  insist  on 
the  written  testimony  of  persons  whose  character 
and  responsibility  are  known  to  the  committee.  In 
case  of  doubt  the  committee  would  be  justified  in 
declining  to  proceed  with  the  examination. 

While  a  committee  should  not  endeavor  to  inquire 
into  the  peculiar  religious  or  sectarian  opinions  of  a 
teacher,  and  should  not  entertain  any  preferences  or 
prejudices  founded  on  any  such  grounds,  they  ought, 
without  hesitation  to  reject  every  person  who  is  in 
the  habit  of  ridiculing,  deriding,  or  scoffing  at  re- 
ligion. 

Second,   as  to  literary  attainments.     The  lowest 


308  SCHOOL  MANUAL. 

grade  of  attainments  demands  a  thorough  knowl- 
edge of  the  common  branches  of  English  education. 
Every  teacher  should  prove,  either  by  examination, 
or  by  previous  experience  which  must  have  come  to 
the  personal  knowledge  of  the  committee,  his  ability 
to  teach  the  English  language,  including  reading  and 
spelling,  arithmetic,  penmanship,  geography,  history, 
and  physiology  with  special  reference  to  the  effects 
of  stimulants  and  narcotics.  An  examination  as  to 
the  attainments  of  a  teacher  in  these  branches 
should  be  so  conducted  as  to  test  his  capacity  to  teach 
them  in  any  grade  of  schools.  And  in  granting  cer- 
tificates some  reference  should  be  had  to  the  condi- 
tion and  wants  of  the  particular  schools  for  which 
the  candidates  are  presented.  But  no  person  should 
be  considered  qualified  to  teach  any  school,  who  can- 
not speak  and  write  the  English  language,  if  not 
elegantly,  at  least  correctly.  He  should  be  a  good 
reader,  and  be  able  to  make  the  hearer  understand 
and  feel  all  that  the  author  intended.  He  should  be 
able  to  give  the  analysis,  as  well  as  explain  the  mean- 
ing of  the  words,  of  the  sentence,  and  explain  all 
dates,  names,  and  allusions.  He  should  be  a  good 
speller  ;  and  to  test  this,  as  well  as  his  knowledge  of 
punctuation,  the  use  of  capitals,  etc.,  he  should  be 
required  to  write  out  his  answers  to  some  of  the 
questions  of  the  committee.  He  should  understand 
practically  the  first  principles  of  English  grammar, 
as  illustrated  in  his  own  writing  and  conversation. 
He  should  be  able  to  write  a  good  hand,  and  to  teach 
others  how  to  do  so.  He  should  show  his  knowledge 
of  geography  by  applying  his  definitions  of  the  ele- 
mentary principles  to  the  geography  of  his  own  town, 
State,  and  country,  and  by  questions  on  the  map  and 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        309 

globe.  He  should  be  able  to  answer  promptly  all 
questions  relating  to  the  leading  events  of  the  history 
of  the  United  States,  .and  of  his  own  State.  In 
arithmetic,  he  should  be  well  versed  in  some  treatise 
on  mental  arithmetic,  and  have  a  clear  and  definite 
knowledge  of  the  principles  of  written  arithmetic, 
and  be  able  to  work  out  before  the  committee,  on  the 
blackboard  or  slate,  such  questions  as  will  test  his 
ability  to  teach  accurately  and  successfully  the  topics 
prescribed  for  the  class  of  schools  in  which  he  will 
be  engaged.  He  should  possess  at  least  an  element- 
ary knowledge  of  physiology  and  the  laws  of  health. 
Such  knowledge  is  necessary  to  comply  with  the  laws 
of  the  State,  and  is  furthermore  indispensable  to  the 
proper  regulation  of  the  air,  temperature,  and  light 
of  the  schoolroom,  and  also  to  that  care  of  the  chil- 
dren which  should  be  given  to  them  daily  if  they  are 
to  do  their  best  work  at  the  school,  or  are  to  grow  up 
to  lives  of  vigorous  manhood  and  womanhood. 

A  knowledge  also  of  English  literature,  sufficient 
to  enable  the  teacher  to  give  to  the  selections  of  the 
reading-book  more  attractions  and  also  to  guide  the 
pupils  in  their  reading  outside  of  school  hours  is 
very  desirable  and  should  be  insisted  upon  so  far  as 
possible.  And  in  addition  to  the  above,  some  famil- 
iarity with  the  elements  of  natural  history,  freehand 
drawing,  and  music,  will  be  found  of  great  advantage 
both  to  teacher  and  school.  Of  course,  for  the  upper 
grammar  and  high  schools,  the  standard  of  qualifica- 
tions of  the  teachers  will  be  set  by  the  course  of 
studies  adopted  by  the  committee. 

'Third,  as  to  ability  to  instruct.  This  ability  in- 
cludes aptness  to  teach,  a  power  of  simplifying  diffi- 


310  SCHOOL    MANUAL. 

cult  processes,  a  skill  in  imparting  knowledge,  and 
of  inducing  pupils  to  try,  and  to  try  in  such  a  way 
that  they  will  derive  encouragement  as  they  go  along; 
all  of  which  must  be  given  by  nature,  but  may  be 
cultivated  by  observation  and  practice.  An  exami- 
nation into  the  literary  qualifications  of  a  candidate 
-as  ordinarily  conducted,  and  even  when  conducted  by 
an  experienced  committee,  or  even  by  a  teacher,  will 
not  alwaj'S  determine  whether  this  ability  is  possessed 
at  all,  or  possessed  in  a  very  eminent  degree.  Hence 
it  is  desirable  for  the  committee  to  ascertain  what 
success  the  candidate  has  had  in  other  places,  if  he 
has  taught  before  ;  arid  if  this  evidence  cannot  be 
had,  whether  he  has  received  any  instruction  in  the 
.art  of  teaching,  in  either  a  normal  or  training  school, 
and  has  visited  good  schools.  The  determination,  if 
it  is  possible,  of  the  candidate's  ability  to  teach  well 
is  of  the  first  importance. 

In  cases  where  satisfactory  evidence  as  to  the  can- 
didate's ability  to  teach  cannot  be  had  it  may  be  well 
to  grant  a  certificate  for  one  term  only,  during  which 
the  question  can  be  very  clearly  settled. 

Fourth,  ability  to  govern.  This  is  an  important 
qualification,  insisted  upon  by  the  law,  and  indis- 
pensable to  the  success  of  the  schools.  On  this  point 
the  committee  should  call  for  the  evidence  of  former 
experience,  wherever  the  candidate  has  taught  be- 
fore, and  when  this  cannot  be  had,  the  examina- 
tion should  elicit  the  plans  of  the  teacher  as  to  mak- 
ing children  comfortable,  keeping  them  all  usefully 
employed  and  interested  in  their  studies,  his  systems 
of  rewards  and  punishments  and  methods  of  securing 
order  and  attention,  and  all  other  information  per- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        311 

taining  to  the  good  order  and  government  of  a  school. 
In  this  connection,  the  age,  manners,  bearing^ 
knowledge  of  the  world,  love  and  knowledge  of  chil- 
dren, etc..  of  the  applicant,  will  deserve  attention. 

If  the  teacher  adds  to  his  other  qualifications  a 
knowledge  of  the  art  of  singing,  it  will  be  an  addi- 
tional recommendation  of  him  with  those  who  desire 
to  have  a  good  school.  Singing  in  school  serves  as  a 
recreation  and  an  amusement,  especially  for  the 
smaller  scholars.  It  exercises  and  strengthens  their 
voices  and  lungs,  and,  by  its  influence  on  the  disposi- 
tion and  morals,  enables  a  teacher  to  govern  his 
school  with  comparative  ease. 

In  addition  to  these  qualifications,  the  address  and 
personal  manners  and  habits  of  the  applicant  may 
well  be  inquired  into,  for  these  will  determine,  in  a 
great  measure,  the  manners  and  habits  of  the  children, 
whom  he  will  be  called  upon  to  teach. 

The  school  committee  must  remember  that  on  the 
thoroughness  and  fidelity  with  which  this  duty  is 
performed  depends,  in  a  great  measure,  the  success 
or  failure  of  the  school  system.  The  whole  machinery 
moves  to  bring  good  teachers  into  the  schools,  and  to 
keep  them  as  long,  and  under  as  favorable  circum- 
stances, as  possible. 

The  committee  should  exercise  a  sound  discretion 
in  the  whole  matter,  for  the  sole  resposibility  resta 
upon  them  in  determining  who  shall,  and  who  shall 
not,  teach  in  our  schools.  No  appeal  can  be  taken 
to  the  commissioner  from  the  refusal  of  a  committee 
to  grant  a  certificate. 

If  a  person  has  been  before  examined  by  them,  and 
the  committee  know  him  to  be  a  good  teacher,  the 
law  allows  them  to  give  him  a  certificate,  founded 


312  SCHOOL  MANUAL. 

on  this  experience.  A  committee  would  also  have 
the  right  under  the  law  to  grant  a  certificate  for  one 
term  at  least,  without  an  examination,  to  a  person 
having  a  diploma  from  an  accredited  normal  school 
or  college. 

Annulling  certificates  and  dimissing  teachers.  As- 
a  teacher's  qualifications  depend  not  merely  upon  his 
learning  (of  which  a  committee  can  judge  from  ex- 
amination), but  upon  his  moral  character,  his  dis- 
position and  temper,  and  his  capacity  to  impart 
information  and  to  govern  a  school,  in  regard  to  all 
of  which  the  committee  may  be  deceived  or  not  fully 
informed,  the  law  gives  the  committee  the  power  to 
annul  any  certificate  they  may  have  given,  if,  on 
trial,  the  teacher  proves  unqualified.  A  teacher  may 
also  refuse  to  adopt  the  proper  books,  may  introduce 
improper  books,  may  refuse  to  adopt  what  the  com- 
mittee deem  the  best  methods  of  instruction  o.r  dis- 
cipline, or  may  violate  other  regulations  of  the  com- 
mittee, in  which  cases  the  committee  have  full  power 
to  dismiss  the  teacher.  In  case  of  all  annulments  of 
certificates  of  teachers  or  dismission,  the  school  com- 
mittee, who  are  the  only  authority  in  the  matter, 
must  give  at  least  five  days'  notice  in  writing  of  such 
intention,  and  a  hearing. 

Visiting  schools.  There  is  no  dut}7  of  the  school 
committee  more  generally  neglected  than  that  of 
visiting  schools. 

The  law  makes  it  tjie  express  duty  of  committees 
and  trustees  to  visit  the  schools  often.  Without  -per- 
sonal visits  to  the  schools,  either  by  themselves  or  by 
the  superintendent,  the  committee  can  know  nothing 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        313 

about  the  teacher's  capacity  to  impart  information, 
or  about  his  methods  of  instruction  and  government, 
or  the  progress  of  the  pupils;  neither  can  they  know 
the  state  of  the  register  and  the  general  condition  of 
the  school. 

Visiting  the  schools  also  has  the  effect  of  encour- 
aging the  teacher  in  the  performance  of  his  duties  ; 
and  if  the  teacher  is  visited  and  treated  with  proper 
respect  by  the  committee,  trustees,  and  parents,  it 
materially  aids-to  secure  to  him  respectful  treatment 
from  the  scholars,  and  enables  him  to  govern  his 
school  and  preserve  order  with  ease,  and  without  re- 
sorting to  severe  punishments. 

But  the  greatest  influence  is  on  the  pupils  them- 
selves. School  is  too  apt  to  be  considered  by  many 
of  them  as  a  place  of  punishment.  But  if  their 
parents  and  others  visit  them  often,  and  take  an  in- 
terest in  their  studies  and  progress,  it  gives  a  new 
character  at  once  to  the  school  and  the  schoolroom, 
and  they  contemplate  it  with  pleasure  instead  of 
dread. 

It  will  also  tend  to  accustom  the  pupils  to  recite 
before  strangers,  and  help  them  to  get  rid  of  that 
timidity  and  reserve  which,  if  not  early  removed, 
may  prove  a  serious  hindrance  to  their  success  in 
many  pursuits  in  after  life. 

While  it  will  be  advisable  to  assign  one  or  more 
schools  to  each  member  of  the  committee  for  the  pur- 
pose of  visiting  and  general  supervision,  it  is  very 
desirable  that  all  the  schools  should  be  visited  at  least 
once  a  term  by  the  same  person  or  persons,  so  that  a 
comparison  can  be  instituted  between  the  different 
teachers  and  schools,  and  the  official  reports  and  re- 
turns be  made  out  more  understandingly. 

27 


314  SCHOOL  MANUAL. 

In  visiting  schools,  whether  by  the  whole  board ? 
sub-committee,  or  individually,  the  following  are 
among  the  objects  which  deserve  attention  : 

The  condition  of  the  schoolhouse  and  apurte- 
nances; — its  location;  size  and  condition  of  yard  and 
outbuildings  ;  size,  outward  appearance,  and  state 
of  repair  of  building;  condition  and  size  of  entries 
and  cloakrooms,  and  whether  furnished  with  scraperr 
mat,  hooks  and  shelves  for  hats  and.  outer  garments,, 
water  pail,  cup,  broom,  duster,  etc.*;  dimensions  of 
schoolroom  and  its  condition  as  to  light,  whether  too 
much  or  too  little  ;  as  to  the  air,  pure  or  impure  ;  as. 
to  temperature,  whether  too  high  or  too  low;  modes 
of  ventilation,  whether  by  lowering  or  raising  upper 
or  lower  sash,  by  opening  into  attic,  by  flue  or  other- 
wise ;  whether  heated  by  close  or  open  stove,  furnace,, 
or  steam;  construction  and  arrangement  of  seats  and 
desks  ;  whether  all.  the  scholars,  and  especially  the- 
younger  ones,  are  comfortably  seated,  with  backs  to 
lean  against,  and  with  their  feet  resting  on  the  floor,, 
and  all  facing  the  teacher  ;  whether  there  is  a  place 
to  arrange  the  classes  for  recitation,  and  accommo- 
dations for  visitors,  etc! 

The  school  register  should  be  called  for  to  see  if  it 
is  properly  kept;  and  such  particulars  as  the  num- 
ber and  names  of  the  scholars,  their  age,  parents,  at- 
tendance and  studies,  should  be  gleaned  as  will  give 
to  the  visitor  a  good  idea  of  the  character  of  the 
school.  An  inspection  of  the  register  will  oftentimes 
inform  the  committee  what  children  are  not  con- 
nected with  the  school,  and  a  kind  and  timely  call, 
a  word  with  the  parents  or  guardian,  may  save  such 
children  from  ignorance,  and  the  community  from  its 
consequences. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        315 

In  this  connection  a  word  should  be  said  in  refer- 
ence to  the  school  census.  As  soon  as  the  census 
returns  are  delivered  to  the  committee,  they  should 
be  examined  with  a  view  to  finding  out  who  are  the 
regular  absentees  from  school  and  where  they  live. 
Effort  should  then  be  made  by  the  committee  to  se- 
cure their  attendance.  So  far  as  it  is  possible  a  care- 
ful comparison  should  be  made  of  the  school  register 
and  these  census  returns,  so  that  each  may  correct 
the  other  and  thus  the  committee  become  possessed 
of  reliable  information  in  regard  to  the  matter  of  at- 
tendance. 

The  committee  should  inquire  into  the  number  of 
classes,  and  the  studies  they  pursue.  Such  exercises 
should  be  called  for  as  will  exhibit  the  proficiency  of 
the  pupils,  and  the  methods  of  instruction  adopted 
by  the  teacher,  and  will  also  enable  the  committee  to 
judge  of  the  tact  of  the  teacher  in  imparting  infor- 
mation. The  teacher,  in  justice  to  himself  and  his 
pupils,  should  be  allowed  to  conduct  some  of  the  exer- 
cises himself,  and  in  his  usual  manner,  as  the  scholars 
(if  not  used  to  being  visited  by  strangers)  will  be  less 
timid  when  examined  by  him,  and  the  committee  will 
have  a  better  opportunity  to  see  his  mode  of  instruc- 
tion. But  the  committee  should  also  ask  questions, 
and,  in  some  cases,  take  the  conduct  of  the  class  into 
their  own  hands. 

Regular  examinations  should  be  had  in  order  to 
determine  the  proficiency-  of  the  pupils,  or  the  extent 
of  their  progress,  and  it  will  be  well  to  place  in  the 
hands  of  the  more  advanced  scholars  questions  to  be 
answered  in  writing,  while  the  examination  of  other 
classes  is  going  forward.  And  the  same  or  similar 
questions  should  be  asked  in  every  school  visited, 


316  SCHOOL  MANUAL. 

and  the  answers  will  be,  to  some  extent,  an  unexcep- 
tionable standard  of  comparison  for  both  the  teachers 
and  the  schools. 

Such  inquiries  should  be  made  as  will  show  how  far 
the  rules  and  regulations  of  the  school  committee  as 
to  teachers,  books,  the  cleanliness  and  preservation  of 
the  schoolhouse,  the  manners  of  the  pupils,  etc.,  are 
observed. 

The  two  distinct  purposes  of  visiting, — inspection 
and  examination,  —  should  be  kept  constantly  in 
mind,  and  as  far  as  possible  the  two  should  not  be 
allowed  to  be  mingled.  The  best  results  will  be  se- 
cured by  keeping  them  well  separated,  since  the 
methods  and  means  adapted  to  the  one  are  seldom 
fitted  for  the  other. 

Great  care  should  be  taken  in  all  cases  not  to  wound 
unnecessarily  the  feelings  of  teacher  or  pupils,  and 
commendation  should  be  bestowed  wherever  it  is  de- 
served. It  is  better  to  err  on  the  side  of  praise  rather 
than  on  that  of  censure. 

Selecting  text-books.  The  schools  have  heretofore 
suffered  much  from  the  great  variety  of  text-books 
used,  even  in  the  same  schools.  It  has  rendered  clas- 
sification impossible,  and  whenever  a  scholar  changed 
his  district  or  his  school  a  new  set  of  books  was  to  be 
purchased,  or  a  new  element  of  confusion  was  intro- 
duced. 

Under  the  new  law  providing  for  free  text-books 
there  is  no  reason  why  most  difficulties  connected 
with  text-books,  should  not  be  removed.  In  the  first 
place  the  question  of  a  change  or  of  the  introduction 
of  a  new  book  will  not  be  affected  by  the  expense  im- 
posed upon  parents.  Secondly,  as  the  books  are  now 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        317 

owned  by  the  towns,  exchanges  can  be  effected  much 
more  rapidly  than  before  ;  and,  when  it  is  deemed 
desirable,  an  extra,  or  additional,  set  can  be  supplied. 
Uniformity  should  be  established  in  the  schools  of 
a,  town.  But  no  rule  which  a  committee  ma}^  adopt 
•as  to  the  books  to  be  used  should  be  so  framed  or 
construed  as  to  prevent  a  teacher  from  using  explan- 
ations or  illustrations  to  be  found  in  other  books 
upon  any  particular  subject,  or  to  interfere  with  the 
use  of  all  proper  reference  books  by  both  teacher  and 
pupils. 

No  book  containing  any  passage  or  matter  reflect- 
ing in  the  least  degree  upon  any  religious  sect,  or 
which  any  religious  sect  would  be  likely  to  consider 
offensive,  should  be  introduced  into  any  public  school 
by  the  committee. 

In  all  cases  where  a  change  in  text-books  is  con- 
templated, a  written  notice  to  that  effect  must  be 
given  at  a  regular  meeting  of  the  committee,  before 
the  action  is  taken.  The  vote  may  be  taken  at  any 
meeting  thereafter,  provided  suitable  time  has  inter- 
vened. Where  a  book  has  been  adopted  for  intro- 
duction on  or  after  a  certain  date,  the  vote  can  be 
rescinded  any  time  before  that  date,  but  not  other- 
wise. 

Rules  and  Regulations.  The  school  committee 
should  prescribe  a  system  of  rules  and  regulations 
respecting  the  age,  admission,  attendance,  classifica- 
tion, studies,  discipline,  and  instruction  of  pupils  in 
all  the  schools  ;  the  examination  and  duties  of  teach- 
ers ;  the  kind  of  books  to  be  used,  etc.  No  town 
should  be  without  such  rules. 

The  age  for  admission  should  be  uniform  in  all  the 

27* 


318  SCHOOL  MANUAL. 

districts  of  a  town,  as  otherwise  some  districts  may 
have  the  advantage  over  others  in  the  apportionment 
of  the  public  money. 

While  the  school  census  age,  five  to  fifteen,  may 
be  said  to  practically  fix  the  age  of  admission  at  five, 
it  is  within  the  discretion  of  the  committee  to  admit 
at  an  earlier  period,  and  where  there  are  kinder- 
gartens children  should  be  encouraged  to  enter  at 
three  or  four.  In  this  connection  it  should  be  noted 
that  the  law  expressly  forbids  any  person  from  being 
excluded  from  school  for  being  over  fifteen  years  of 
age. 

In  the  matter  of  classification,  number  and  kind  of 
studies,  and  gradation,  the  schools  need,  and  to  ac- 
complish anything  must  have,  the  guidance  and  care 
of  the  committee.  The  law  establishes  no  minimum 
range  of  studies,  hence,  unless  the  committee  acts, 
there  is  no  authority  to  decide  what  shall  be,  or  what 
shall  not  be,  taught.  It  is  therefore  a  very  impor- 
tant duty  for  each  committee  to  decide  what  studies 
shall  be  introduced  and  to  what  extent  they  shall  be 
pursued.  Only  as  this  duty  is  thoroughly  performed 
will  our  schools  be  capable  of  making  any  permanent 
progress.  Even  the  ungraded  schools  are  capable  of 
great  improvement  in  this  direction,  and  a  course  of 
study  if  used  as  a  general  guide,  rather  than  as  an 
absolute  rule,  will  do  more  than  any  other  one  thing 
to  give  efficiency  to  the  schools.  While  the  law 
plainly  gives  to  the  committee  absolute  power  to 
determine  the  studies  to  be  pursued,  still  the  com- 
mittee should  be  ever  ready  to  heed  all  reasonable  re- 
quests of  parents  and  guardians  for  such  deviations 
therefrom  as  the  best  interests  of  their  children 
seem  to  require.  What  shall  be  adopted?  how  far 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        319 

the  school  shall  go?  is  wholly  within  the  province  of 
•the  committee,  who  will  doubtless  seek  to  be  gov- 
erned in  that  matter  by  the  dominant  sentiment  of 
their  constituents.  Practically  the  law  allows  each 
community  to  provide  just  such  facilities  for  the 
education  of  its  children  as  it  desires. 

In  the  matter  of  discipline  it  is  suggested  that  the 
regulations  of  the  committee  should  provide  clearly 
for  the  exercise  by  the  teacher  of  all  proper  authority 
over  the  pupil,  not  only  during  school  hours,  but 
whenever  he  is  on  school  premises.  While  he  is  on 
his  way  to  and  from  school,  as  he  is  under  the  con- 
current jurisdiction  of  parent  and  teacher,  the  latter 
should  be  held  responsible  only  for  such  matters  as 
pertain  directly  to  the  school. 

The  attention  of  the  teachers  and  pupils  should  be 
regularly  called  to  the  rules  and  regulations,  and 
violations  thereof  should  not  only  not  be  winked  at, 
but  made  a  matter  of  serious  treatment. 

The  question  of  what  holidays  shall  be  observed  by 
the  schools,  and  of  closing  the  schools  for  the  pur- 
pose of  allowing  teachers  to  attend  institutes  and 
visit  other  schools,  is  one  that  belongs  to  the  com- 
mittee under  this  general  provision  of  the  law ;  and 
the  committee  should  attend  to  it.  Of  course  on  all 
holidays  established  by  State  law  the  schools  should 
not  be  kept.  For  all  other  cases  the  rule  must  be  the 
voice  of  the  committee. 

Apportioning  Money.  The  committee,  having  as- 
certained what  amount  they  can  depend  upon  from  the 
State  treasury,  the  town,  poll  and  other  taxes,  and 
having  reserved  an  amount  sufficient  to  defray  the 
expense  of  printing  their  report  and  other  neces- 


:320  SCHOOL  MANUAL. 

sary  contingent  expenses,  must  apportion  it  on  or 
before  the  first  Monday  in  July  in  each  year,  accord- 
ing to  law,  and  give  immediate  notice  of  the  amounts 
of  said  apportionment  to  the  several  trustees.  But 
they  are  not  authorized  to  pay  out  or  give  an  order 
to  any  district  which  has  not  maintained  a  school  for 
at  least  six  mouths  during  the  year  preceding,  except 
in  cases  where  the  school  was  suspended  by  the 
committee  for  want  of  pupils.  The  law  makes  a  dis- 
trict's complying  with  this  provision  for  one  year  a 
prerequisite  to  its  receiving  any  money  the  next 
year. 

Where  a  school  is  suspended  for  lack  of  the  requi- 
site number  of  pupils,  it  will  usually  be  found  best 
the  first  year  to  set  apart  for  such  district  a  portion 
of  the  amount  usually  allotted,  out  of  which  can 
be  paid  the  expenses  incurred  in  providing  school 
privileges  for  the  children  of  that  district.  After 
the  first  year  the  matter  will  be  determined  by 
the  facts  as  they  shall  appear.  In  cases  of  these  dis- 
tricts the  committee  have  full  power  either  to  send 
the  children  to  other  districts,  which  they  can  do 
without  any  payment  of  tuition,  or  to  another  town 
and  pay  tuition.  They  are  also  authorized  to  pay 
for  their  transportation  to  and  from  school,  if  their 
judgment  so  dictates. 

The  committee  are  not  to  give  orders  on  the 
school  fund  any  faster  than  they  are  satisfied  that  it 
is  actually  expended,  and  it  is  suggested  that  no  pay- 
ments be  made  for  fuel  and  other  incidental  expenses 
except  upon  presentation  of  the  vouchers  therefor. 

There  is  danger  that  trustees  will  endeavor  to  se- 
cure payment  from  the  public  money  of  bills  that  be- 
long to  the  district,  and  the  plan  above  mentioned 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        321 

will  enable  the  committee  to  prevent  such  misuse  of 
the  public  money.  The  times  and  manner  of  pay- 
ment, with  the  above  restrictions,  are  at  the  discre- 
tion of  the  committee. 

Attention  is  specially  called  to  the  absolute  require- 
ment of  the  law  that  the  committee  shall  not  allow 
districts  to  carry  forward  unexpended  balances  from 
one  year  to  another  ;  nor  is  it  legal,  under  the  district 
organization,  for  the  committee  to  give  orders  in 
payment  of  bills  of  the  previous  year. 

Where  the  town  system  prevails  there  will  be  no 
necessity  for  any  such  apportionment  as  above,  but 
such  allotment  to  the  several  schools,  or  division  of 
the  funds,  should  be  made  as  shall  provide  for  all 
of  the  schools  equal- ad  vantages  and  facilities,  so  far 
as  it  is  possible.  A  committee,  however,  has  no  right 
to  expend  more  than  the  amount  appropriated  by  the 
town,  and  the  town  treasurer  would  not  be  authorized 
to  honor  the  order  of  the  committee  for  any  amount 
in  excess  of  the  funds  set  apart,  either  by  law  or  by 
direct  vote  of  the  town,  for  the  support  of  schools. 

The  committee  should  always  keep  a  regular  set  of 
accounts.  A  separate  account  should  be  opened  with 
each  school  district,  in  which  the  district  should  be 
each  year  credited  with  the  money  apportioned  to  it, 
and  then  charged  with  the  orders  which  have  been 
given  to  it. 

Under  the  town  system  an  account  should  be  kept 
either  with  each  school,  or  school  building,  so  that 
there  may  be  some  basis  of  comparison  of  cost  be- 
tween different  schools.  A  separate  account  with 
each  teacher  is  also  of  great  value  in  keeping  a 
check  upon  the  expenditures. 

Another  account  should  be  kept  by  entering  all  the 


322  SCHOOL   MANUAL. 

sums  of  money  appropriated  to  schools  on  one  side, 
and  all  orders  given  on  the  other,  which  will  show  at 
any  time  the  balance  under  the  committee's  control. 

Returns.  By  the  Public  Statutes,  chapter  59,  sec- 
tion 5,  trustees  are  to  make  returns  to  the  school 
committee  at  such  time  and  in  such  form  as  the 
committee  or  commissioner  may  prescribe.  These 
returns  must  be  made  in  season  to  enable  the  com- 
mittee to  digest  them,  and  prepare  their  return  to  the 
•commissioner  by  July  1st,  for  Avhich  returns  the  com- 
missioner will  furnish  forms.  The  attention  of  com- 
mittees is  particularly  directed  to  this  part  of  the  law, 
for  experience  has  shown  that  the  incompleteness 
and  inaccuracy  of  our  statistics  are  due  primarily  to 
the  failure  of  the  committees  to  secure  proper  returns 
from  the  trustees  and  teachers.  There  is  no  excuse 
for  such  neglect,  and  every  trustee  and  teacher 
should  be  firmly  held  to  a  strict  compliance  with  this 
requirement.  The  committee  are  also,  at  the  annual 
town  meeting,  to  make  a  written  or  printed  report  lo 
the  town,  of  all  their  doings,  the  condition  of  the 
schools,  plans  for  their  improvement,  etc.  Until  the 
above  return,  correctly  filled  out,  and  three  or  more 
copies  of  the  above  report  are  sent  to  the  commis- 
sioner, the  town's  share  of  the  State  appropriation  is 
withheld  in  accordance  with  the  provisions  of  the  law. 

The  committee  are  authorized  to  reserve  enough 
(not  exceeding  $40)  out  of  the  school  money  to  print 
their  reports,  and  no  action  or  vote  of  the  town  can 
take  away  this  authority  from  the  committee.  It  is 
believed  that  no  part  of  the  school  expenditure 
will  do  more  good  and  tend  more  to  keep  up  an 
interest  in  the  schools  than  this,  and  it  is  hoped  that 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.       323 

every  committee  will  always  make  its  report  in 
print. 

The  committee  must  aid  in  organizing  districts  by 
giving  the  notice  for  the  first  meeting.  When  there 
are  no  trustees  or  clerk,  or  when  these  officers  neglect 
to  call  meetings,  the  committee  must  call  them,  in 
the  same  manner  and  for  the  same  purposes  as  the 
trustee  would  have  called  them.  The  notice  may  be 
signed  by  either  the  chairman  or  clerk  of  the  commit- 
tee, the  same  as  in  the  case  of  other  official  docu- 
ments issued  by  the  committee. 

Any  district  may  vote  to  devolve  upon  the  commit- 
tee, with  their  consent,  the  whole  management  of 
its  schools  ;  and  in  that  case,  the  committee  will 
exercise  in  that  district  all  the  powers  which  the 
trustee  might  exercise  ; — have  the  custody  of  the- 
schoolhotise,  hire  the  teacher,  etc. 

Gradation  of  schools.  The  school  committee  can- 
not compel  a  district  to  establish  graded  schools,  but 
they  can  promote  a  gradation  of  schools,  or  a  separa- 
tion of  the  younger  and  the  older  scholars,  or  the 
primary  and  advanced  studies,  into  distinct  schools 
or  departments.  By  such  a  separation  of  pupils 
and  instruction  a  great  saving  of  time  and  expense  is 
secured,  while  great  benefits  are  derived  by  the  chil- 
dren. Such  a  policy  should  be  adopted,  as  a  rule,  in 
preference  to  the  division  of  a  district,  where  the 
children  have  become  too  numerous  for  one  school. 

Where  the  schools  are  so  divided  or  jgraded,  the 
determination  of  the  grades  and  the  promotions  from 
one  grade  to  another  are  in  the  hands  of  the  com- 
mittee. 

The  union  of  two  or  more  adjacent  districts,  where 


324  SCHOOL  MANUAL. 

there  are  sufficient  pupils  for  the  purpose  of  estab- 
lishing a  secondary  or  grammar  school  for  the  older 
and  more  advanced  pupils  of  each  district,  can  be 
secured  to  advantage  in  many  towns,  and  this  phase  of 
the  subject  should  receive  the  attention  of  the  com- 
mittees, as  it  is  to  them  that  the  people  naturally 
look  for  suggestions  in  these  matters. 

Whenever  the  schools  of  a  town  are  managed  inde- 
pendent of  districts,  a  sufficient  number  of  schools  of 
different  grades  should  be  established  by  the  commit- 
tee, at  convenient  locations,  varying  the  studies  pur- 
sued according  to  the  circumstances  of  the  population. 

In  towns  where  there  are  compact  villages  or  com- 
munities evening  schools  should  receive  the  attention 
of  the  committee,  and  efforts  should  be  made  to  se- 
cure from  the  town  specific  appropriations  for  their 
support.  In  manufacturing  centres  they  are  a  neces- 
sary factor  in  any  system  of  public- instruction,  and 
the  State  now  makes  an  annual  appropriation  for 
their  support.  In  all  evening  schools  supported 
wholly  or  in  part  by  the  public  monej7,  whether  dis- 
trict, town,  or  State,  the  question  of  the  qualification 
of  the  teachers  is  in  the  hands  of  the  school  commit- 
tee. 

SCHOOL   SUPERINTENDENTS. 

The  school  committee  must  elect  a  superintendent 
of  schools  each  year  at  their  first  regular  meeting. 

The  superintendent  is  not  a  civil  officer,  and  hence 
he  need  not  be  a  voter  or  even  a  resident ;  and  a 
woman  is  as  eligible  as  a  man.  He  is  simply  the 
agent  of  the  school  committee,  and  subject  wholly  to 
their  direction  and  control.  Under  the  law  he  is 
vested  with  no  powers  or  duties,  but  is  expressly 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        325 

directed  to  "perform  such  duties  and  exercise  such 
powers  as  the  committee  may  assign." 

While  great  good  may  be  accomplished  by  the  ap- 
pointment of  some  qualified  person  especially  to 
supervise  the  schools,  it  was  not  intended  that  the 
creation  of  the  office  of  town  superintendent  should 
relieve  the  members  of  the  school  board  from  an  ac- 
tive participation  in  this  work.  The  school  law 
renders  this  duty  obligatory  upon  all  the  members  of 
the  school  committee,  and  for  their  services  they 
should  receive  a  proper  compensation.  Each  mem- 
ber of  the  committee  should  be  to  some  extent  famil- 
iar with  all  the  schools  of  the  town  ;  but  this  he 
cannot  be  if  he  delegates  the  whole  duty  of  visiting 
and  supervision  to  some  other  person.  In  those 
towns  where  the  school  committee  and  superinten- 
dent exercise  this  mutual  oversight,  there  is  a  natural 
and  necessary  concurrence  of  opinion  as  to  the  merits 
or  demerits  of  school  operations,  and  the  most 
thorough  harmony  of  sentiment  with  respect  to 
methods  of  improvement.  Hence  school  committees 
are  urged  to  an  increase,  rather  than  a  diminution,  of 
personal  attention  to  each  school,  even  where  the 
town  enjoys  the  full  labors  of  an  efficient  town  super- 
intendent. 

The  law  provides  that  the  town  shall  fix  the  salary 
of  the  superintendent,  but  justice  and  propriety  both 
seem  to  demand  that  the  body  which  determines  the 
amount  and  character  of  the  labor  should  also  deter- 
mine the  salary;  and  if  the  towns  would  refer  this 
matter  to  their  committees,  it  is  believed  an  increased 
efficiency  in  the  service  would  be  the  result. 

The  following  suggestions  are  submitted  concern- 
ing town  superintendents  : 

28 


326  SCHOOL    MANUAL. 

1.  Each  town  should  have  a  good  superintendent  of 
schools,  elected  by  the  school  committee. 

2.  Where  one  town  is   not   able  to  secure  such 
an    officer,   two   or   more   contiguous   towns   should 
unite  in  electing  the  same  officer  ;  his  salary  to  be 
fixed  by  the  school  committees  of  the  towns  uniting, 
and  paid  by  them  jointly. 

3.  This  officer  should  be  paid  such  a  salary  as  will 
enable  him  to  devote  the  whole  of  his  time  to  th& 
work. 

4.  He   should  visit  and  inspect  the  schools,  ex- 
amine the  pupils,  make  promotions,  suggest  improve- 
ments in  instruction  and  government,  hold  teachers' 
meetings  and  public  meetings  in  the  different  sec- 
tions of  the  town,  and  in  every  way  foster  and  en- 
courage the  work  of  public  education. 

5.  He  should  examine  the  teachers, — in  connection 
with  the  school  committee  if  possible. 

6.  He  should  allow  no  text-books  to  be  used  in 
schools  except  such  as  are  approved  by  the  school 
board  of  the  town. 

7.  He  should  see  that  the  rules  and  regulations 
of  the  school  committee  are  honored  and  enforced, 
and  should  make  a  written  report  on  the  condition 
of  the  schools  and  school  properly  to  the  school  com- 
mittee  at  each  quarterly  meeting  or  oftener, — such 
report  to  be  embodied  in  the   report  of  the  school 
committee,  to  be  printed  and  distributed  annually 
among  the  citizens  and  families  of  the  town. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        327 


BRIEF   SYNOPSIS  OF  DUTIES  OF   SCHOOL   COMMITTEES. 

1.  The  holding  of  at  least  four  meetings  in  each 
year. 

2.  The  appointment  of  a  town  superintendent  of 
schools. 

3.  The  examination  of  teachers. 

4.  The  granting  of  certificates  to  teachers  and  the 
power  to  annul  the  same. 

5.  The  visiting  of  the  schools. 

6.  The  adoption  of  all  rules  and  regulations  re- 
lating to  the  management  of  schools. 

7.  The  suspension  of  pupils  from  schools. 

8.  The  adoption  of  new  text-books  by  a  vote  of 
two-thirds  of  the  whole  school  board. 

9.  The  supply  of  all  needful  text-books  and  other 
materials. 

10.  The  apportionment  of  the  public  money  to  the 
several  school  districts. 

11.  The  drawing  of  all  orders  on  the  town  treas- 
urer for  school  money. 

12.  The  location  of  all  schoolhouses. 

13.  The  formation  of  all  new  school  districts,  the 
alteration  or  discontinuing  of   school  districts,  and 
the  approval  of  the  formation  of  associate,  joint,  and 
consolidated  districts. 


328  SCHOOL   MANUAL. 

14.  The  written  approval  of  all  district  taxes  and 
of  all  plans  for  building  and  repairing  schoolhouses. 

15.  The   calling  of  district   meetings  in  certain 
cases. 

16.  The  contracting  with  teachers  and  the  man- 
agement of  all  school  affairs,  when  so  authorized  by 
the  town. 

17.  The  enforcement  of  the  truant  and  absentee 
law. 

18.  An  annual  report  to  the  town,  to  be  read  in 
open  town  meeting,  or  printed  for  distribution. 

19.  A  statistical  return   to  the  commissioner  of 
public  schools,  on  or  before  the  first  day  of  July  in 
each  year,  including  one  copy  of  the  above  report  if 
written,  or  three  copies  if  printed. 

DISTRICTS. 

There  are  three  provisions  made  in  the  law  for 
uniting  districts.  Any  two  or  more  districts  may 
form  a  partial  union  for  the  purpose  of  supporting  a 
school  for  the  older  and  more  advanced  children. 
Such  a  union  is  call  an  associate  district. 

Any  contiguous  districts  in  adjoining  towns  may 
be  united  by  the  school  committees,  and  such  a  union 
is  called  a  joint  district.  Adjoining  districts  in  the 
same  town  ma}7  consolidate  themselves,  subject  to 
the  approval  of  the  committee,  and  such  a  union  is 
called  a  consolidated  district.  When  united  they 
constitute  a  single  district,  and  their  affairs  must 
be  managed  in  the  same  way  as  if  originally  one 
district. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        329 

A  district  cannot  vote  to  dissolve  itself.  Such  a 
vote  will  be  wholly  null  and  void.  It  can  be  dis- 
solved by  the  school  committee  alone,  who  also  have 
the  sole  power  to  create  new  districts  and  change  the 

boundaries  of  those  already  existing. 

* 

Moderator.  The  moderator  of  a  district  meeting  is 
now  an  annual  officer  and  is  to  be  elected  with  the 
other  officers  at  the  annual  meeting.  He  need  not  be 
engaged.  He  will  preside  at  all  district  meetings, 
both  annual  and  special.  If  he  is  absent,  a  modera- 
tor pro  tern,  should  be  chosen.  It  is  the  business  of 
the  moderator  to  preside  over  the  meeting,  guide  its 
business,  and  preserve  order.  While  he  will  usually 
be  justified  in  obeying  common  parliamentary 
rules  in  the  exercise  of  his  duties,  still  the  meet- 
ing is  superior  to  any  rules,  and  if  an  appeal  from 
any  of  his  rulings  is  taken,  it  must  be  allowed,  and, 
if  sustained,  the  will  of  the  meeting  obeyed.  The 
moderator  is  entitled  to  vote  only  as  any  other  voter 
may  vote.  He  has  no  casting  vote.  In  receiving 
votes  for  &ny  officer  or  on  any  question,  the  modera- 
tor has  no  right  to  reject  any  man's  vote.  He  is  in 
no  sense  a  judge  of  a  voter's  qualification  if  he  claims 
a  legal  right  to  vote,  but  he  can  insist  upon  knowing 
how  he  votes,  and  have  his  name  and  vote  recorded 
by  the  clerk,  so  that,  if  a  question  arises,  it  can  be 
settled  by  the  proper  authorities.  In  any  case  of 
•doubtful  legality,  or  of  contested  elections,  a  mode- 
rator would  do  well  to  have  such  a  record  of  the 
voters  and  their  votes  made  as  the  law  provides  for. 
The  moderator  has  power  to  administer  the  oath  of 
office  to  all  the  other  officers,  either  at  the  meeting, 
or  afterwards. 

28* 


330  SCHOOL  MANUAL. 

It  is  the  moderator's  duty  to  maintain  order  in  a 
meeting,  and  in  case  persons  present  refuse  to  eon- 
duct  themselves  properly  he  should  order  them  to 
leave  the  meeting.  Provision  is  made  in  the  law 
whereby  town  constables,  upon  the  tender  of  the  re- 
quired fee,  are  obliged  to  be  present  at  any  school  or 
other  lawfully  assembled  meeting,  and  they  are  au- 
thorized to  arrest  without  a  warrant,  and  detain  for 
six  hours,  any  person  found  unlawfully  disturbing 
such  meeting. 

Clerk.  The  district  clerk  should  be  engaged  by 
the  moderator  and  make  a  record  of  it.  If  not  present 
at  the  time  of  his  election  so  as  to  be  engaged  in  open 
meeting,  he  should  be  engaged  before  entering  upon 
the  duties  of  his  office.  A  clerk  pro  tern,  should  be 
engaged  before  he  enters  upon  the  duties  the  same  as 
the  regular  clerk.  When  engaged,  the  clerk  may  en- 
gage all  other  district  officers,  and  should  enter  all 
such  cases  in  his  record  book. 

When  a  trustee,  treasurer,  etc.,  is  elected,  the  clerk 
should  make  out  and  sign  and  seal  a  warrant  or  cer- 
tificate of  his  election,  upon  which  he  may  be  en- 
gaged. [See  forms.] 

The  clerk  should,  at  the  request  of  any  person  in- 
terested, record  a  motion  which  is  negatived,  as  well 
as  a  motion  passed,  as  in  many  cases  a  person  may 
be  entitled  to  an  appeal.  And  on  any  question  which 
may  come  before  the  meeting  he  should  record  the 
n  amber  and  names  of  the  voters  on  request  of  any 
qualified  voter;  and  in  general  he  should  endeavor 
to  make  his  minutes  as  full  as  possible,  so  that  they 
may  give  the  whole  history  of  the  meeting. 

In  the  record  of  every  meeting  the  clerk  should 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        331 

state  how  the  meeting  was  notified,  and  when  and 
by  whom  the  notices  were  posted.  In  many  cases, 
at  some  distance  of  time,  it  might  he  important  to 
know  how  the  meeting  was  notified,  and  the  evidence 
of  it  should  not  be  left  to  depend  upon  mere  recol- 
lection. The  record  of  the  clerk  that  a  "meeting  was 
duly  notified"  is  made  prima  facie  evidence  that  it 
was  notified  as  the  law  requires,  and  inhabitants  of 
the  district  can  be  admitted  to  prove  the  notice.  But 
it  would  be  easy  and  best  to  preserve  one  of  the 
original  notices  themselves,  especially  in  case  of  a 
special  meeting. 

It  would  be  well  also  for  the  clerk,  at  the  close  of 
every  meeting,  to  read  aloud  the  minutes  he  has  made 
of  the  proceedings,  so  that  any  mistake  may  be  cor- 
rected at  the  time.  Errors  in  the  record  may  be  sub- 
sequently corrected  and  the  true  record  established 
by  proper  evidence. 

The  clerk  is  to  procure  a  bound  record  book  at  the 
expense  of  the  district.  For  any  willful  neglect  or  re- 
fusal to  perform  any  duty,  he  is  liable  to  indictment, 
and  the  Supreme  Court  would,  probably,  upon  appli- 
cation, compel  him  by  writ  of  mandamus  to  perform 
such  duty. 

District  Treasurer.  The  treasurer  should  have  a 
certificate  of  his  election  [see  form]  and  be  engaged. 
He  need  not  give  bond  unless  required  by  vote  of  the 
district.  But  if  the  district  requires  him  to  give  bond 
it  should  run  to  the  district,  and  the  district  should 
fix  the  sum  and  approve  of  the  surety  or  sureties, 
[see  form.] 

His  duties  are  very  simple:  to  keep  the  district's 
money  if  they  have  any,  pay  it  out  to  order,  and 


332  SCHOOL  MANUAL. 

keep  proper  accounts  of  it,  and  exhibit  them  to  the 
trustees  or  district  when  required.  He  should  always 
make  a  report  at  the  annual  meeting,  and  a  copy  of 
it  should  be  given  to  the  trustees,  in  order  that  they 
may  make  up  their  return  to  the  school  committee. 
In  case  the  district  hires  money  the  treasurer  is  the 
•one  to  sign  the  note.  [See  form.] 

District  Collector.  The  collector  should  always  be 
engaged  before  beginning  his  duties.  Like  the  treas- 
urer he  is  not  obliged  to  give  bond  except  upon  vote 
of  the  district.  If  the  district  requires  him  to  give 
bond,  the  district  should  fix  the  sum,  and,  as  in  case 
of  treasurer's  bond,  it  should  run  to  the  district ;  and 
the  district  should  approve  of  the  surety  or  sureties. 
If,  however,  the  district  votes  to  have  the  town  col- 
lector act,  he  is  to  give  bond  to  the  district,  satis- 
factory to  the  school  committee. 

If  no  compensation  is  agreed  upon  before  the  col- 
lector is  elected,  he  is  entitled  by  law  to  five  per  cent, 
upon  the  amount  collected.  On  the  other  hand  a  dis- 
trict cannot  vote  to  pay  more  than  five  per  cent. 
:[See  the  forms  for  warrants  and  tax  lists.] 

Trustees.  One  or  three  trustees  are  to  be  appointed 
by  a  district  at  its  annual  meeting,  but  the  decision, 
as  to  one  or  three,  should  be  made  before  the  election 
of  any.  If  by  any  accident  an  election  is  not  made 
then,  or  if  a  vacancy  occurs,  the  district  may  elect 
afterwards.  Trustees  hold  their  offices  until  their 
successors  are  qualified,  and  can  only  be  removed 
from  their  office,  before  the  expiration  of  the  term  for 
which  they  were  elected,  for  cause,  and  after  notice 
and  trial. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        333 

If  there  are  three  trustees,  a  majority  can  act,  but 
the  action  of  only  one  would  be  void.  All  business 
must  be  done  at  a  meeting  of  the  board,  of  which  due 
notice  was  given  to  all  the  members.  "  Where  a  body 
or  board  of  officers  is  constituted  by  law  to  perform  a 
trust  for  the  public,  or  to  execute  a  power  or  perform 
a  duty  prescribed  by  law,  it  is  not  necessary  that  all 
should  concur  in  the  act  done.  The  act  of  the  major- 
ity is  the  act  of  the  body.  And  where  all  have  due 
notice  of  the  time  and  place  of  meeting  in  the  man- 
ner prescribed  by  law,  if  so  prescribed — or  by  the 
rules  and  regulations  of  the  body  itself,  if  there  be 
any,— otherwise  if  reasonable  notice  is  given,  and  no 
practice  or  unfair  means  are  used  to  prevent  all  from 
attending  and  participating  in  the  proceeding,  it  is 
no  objection  that  all  the  members  do  not  attend,  if 
there  be  a  quorum." 

The  trustees  must  employ  the  teachers.  In  employ- 
ing a  teacher  or  assistant  teacher,  trustees  should  be 
cautious  to  employ  no  one  who  has  not  a  legal  certifi- 
cate, and  not  to  employ  one  after  notice  that  his  cer- 
tificate is  annulled,  as  in  such  a  case  the  trustees 
would  be  held  personally  liable  for  the  teacher's 
wages.  The  trustee  has  no  power  either  to  annul  a 
certificate,  or  to  dismiss  a  teacher  before  the  expira- 
tion of  the  time  for  which  he  was  hired.  The  trus- 
tees should  see  that  the  teacher  keeps  a  proper 
record  of  attendance,  as  is  required  by  the  au- 
thorities, in  order  that  the  district  returns  may  be 
properly  made ;  and  when  the  school  is  over,  the 
register  should  be  deposited  with  the  committee. 
They  should  require  the  teacher  to  furnish  them  with 
such  items  of  information  as  are  necessary  to  make 
out  their  annual  report  to  the  town  committee,  which 


334  SCHOOL  MANUAL. 

report  should  be  made  on  the  first  of  May,  or  sooner 
if  the  school  is  out,  or  at  such  time  as  the  committee 
shall  fix.  Forms  for  these  reports  will  be  furnished 
to  the  districts,  and  can  be  obtained  from  the  com- 
mittee or  from  the  superintendent. 

If  trustees  appropriate  any  of  the  public  money  to 
pay  a  teacher  not  legally  qualified,  they  are  liable  to 
.a  penalty.  The  uses  for  which  the  public  money  may 
be  employed  are  teachers'  wages,  fuel,  janitor's  ser- 
vice, with  some  other  current  expenses. 

If  any  scholars  from  without  the  town  or  State  can 
more  conveniently  attend  school  in  any  district  and 
desire  to  do  so,  the  trustee  of  that  district  is  author- 
ized to  make  the  necessary  arrangements,  subject  to 
the  approval  of  the  school  committee.  The  trustees 
.should  also  take  care  that  the  school  is  kept  in  a 
house  which  will  not  be  disapproved  of  by  the  com- 
mittee of  the  town.  To  that  end  the  trustees  are  au- 
thorized to  make  repairs  that  are  immediately  neces- 
sary for  the  p reservation  of  the  property  and  the 
maintenance  of  the  school,  without  a  vote  of  the  dis- 
trict, and  the  district  would  be  obliged  to  pay  for 
such  repairs.  While  the  control  and  care  of  the 
school  property  is  in  the  hands  of  the  trustee  he  has 
no  right  to  remove  or  dispose  of  any  of  it,  except  by 
vote  of  the  district.  As  the  custodian  of  the  school- 
house  he  may  allow  its  use  for  purposes  connected 
with  education,  even  against  the  wish  of  the  district, 
but  he  cannot  be  compelled  to  allow  its  use  for  such 
a  purpose,  provided  he  does  not  think  it  best.  Nor 
can  he  allow  its  use  for  religious  meetings,  if  a  single 
taxpayer  objects.  If,  however,  the  schoolhouse  has 
been  given  to  the  district  under  certain  conditions, 
the  trustee  will  be  bound  thereby. 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        335- 

Trustees  should  regard  the  visiting  of  the  schools 
as  one  of  the  most  important  of  their  duties,  which 
should  by  no  means  be  neglected. 

When  a  district  is  organized  and  has  trustees,  they 
are  the  persons  first  authorized  to  notify  all  annual 
and  special  district  meetings,  and  they  cannot  dele- 
gate this  power ;  and  if  there  is  no  district  school- 
house,  or  place  appointed  by  the  district,  they  are  to 
fix  the  place  of  meeting.  If  the  trustees  and  clerk 
on  application  neglect  to  call  a  meeting,  the  school 
committee  may  call  it. 

Trustees  are  liable  to  a  penalty  for  refusal  to  dis- 
charge any  dutj7, — call  a  meeting,  assess  a  tax,  etc.,  etc. 
And  the  Supreme  Court  would  probably,  upon  appli- 
cation, compel  any  school  officer,  by  writ  of  manda- 
mus, to  discharge  any  duty  plainly  imposed  on  him 
by  the  law.  A  trustee  may,  however,  resign  his  office 
at  any  time. 

Trustees  should  encourage  meetings  of  teachers  in 
their  neighborhoods  for  mutual  improvement,  and 
also  insist  upon  their  attendance  upon  all  institutes- 
and  other  similar  gatherings,  and  as  far  as  possible 
aid  them  in  going  to  and  from  such  meetings.  If  any 
teacher  neglects  or  refuses  to  attend  a  teachers'  insti- 
tute, when  organized  under  proper  auspices,  and 
when  he  can  conveniently,  it  should  be  regarded  as- 
a  sign  of  unfitness  for  the  place.  No  one  is  so  well 
qualified  as  not  to  be  able  to  learn  from  his  fellows- 
many  useful  hints  as  to  methods  of  teaching,  books,, 
etc.,  and  no  one  should  be  unwilling  or  too  proud  to 
learn. 

If  the  committee  authorize  schools  to  be  closed,  the 
trustee  has  no  power  to  prevent  it  and  cannot  com- 


336  SCHOOL  MANUAL. 

pel  a  teacher  to  make  up  such  days  or  legal  holidays, 
except  by  special  agreement. 

Trustees  have  no  authority  to  make  any  rules  and 
regulations  in  regard  to  the  school,  such  as  times  of 
sessions,  recesses,  studies,  etc.  They  can  however 
fix  the  limits  of  the  school  terms,  subject  to  some 
general  rules  of  the  committee.  And  in  this  connec- 
tion they  should  be  very  particular  to  notify  the  com- 
mittee or  superintendent  of  the  beginning  and  ending 
of  every  term,  in  order  that  the  schools  may  be  prop- 
erly visited. 

Trustees  should  see  that  an  inventory  of  all  the 
maps,  books,  and  other  property  belonging  to  the  dis- 
trict, is  made  from  time  to  time,  and  preserved  among 
the  papers  of  the  district. 

Every  district  should  possess  a  dictionary,  maps  of 
the  United  States  and  other  countries,  and  of  the 
town  (if  there  is  one),  a  globe,  and  such  other  ap- 
paratus and  works  of  reference  as  the  means  of  the 
district,  or  the  public  spirit  thereof,  will  allow.  With 
the  liberal  aid  now  given  by  the  State,  no  district  or 
school  need  be  without  these  essentials  to  a  good 
school. 

Trustees  should  recollect  that  in  order  to  obtain 
from  the  school  committee  any  order  for  money,  they 
must  have  made  a  proper  return  from  their  district, 
for  the  year  ending  on  the  first  of  May  previous,  and 
must  also  furnish  to  the  committee  evidence  that  the 
"teachers'  money,"  (that  is,  the  money  which  the  dis- 
trict received  from  the  town  treasurer  as  their  part 
of  the  State  appropriation,)  for  the  year  ending  the 
first  of  May  previous,  has  been  applied  to  the  wages 
of  teachers,  and  to  no  other  purpose  whatever. 

The  return  of  the  district  should  include  the  whole 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        337 

time  during  which  any  portion  of  the  public  money 
has  been  used  to  support  the  school,  and  should  in- 
clude all  expenditures  for  the  benefit  of  the  school,, 
whether  from  district  funds  or  any  other  source,  and 
should  state  all  the  sources  whence  the  moneys  were 
obtained. 

Trustees  are  cautioned  in  reference  to  these  re- 
turns, that  the  committees  have  been  instructed  to- 
refuse  to  draw  their  orders  except  upon  the  receipt 
of  the  proper  return  fully  and  accurately  made  out. 

If  a  trustee  removes  from  the  district  he  ceases  to- 
be  trustee  from  the  date  of  his  actual  removal,  and 
therefore  cannot  act  at  all  as  trustee  after  that  date. 

In  assessment  of  taxes,  which  must  be  done  by  the 
trustees,  and  not  by  assessors,  the  trustee  has  no- 
power  to  remit,  or  alter  valuation.  He  has  no  dis- 
cretionary power  in  the  matter,  but  must  follow  ex- 
actly the  town  assessment. 

Where  a  district  maintains  an  evening  school,  the 
trustee  would  sustain  exactly  the  same  relation  to  it 
as  to  the  day  schools. 

Qualifications  for  office.  In  order  to  be  eligible  to 
any  district  office,  a  person  must  possess  the  qualifi- 
cations of  a  voter  for  said  office;  and  any  voter  may 
be  elected  to  any  district  office. 

It  is  sufficient  if  the  person  elected  have  the  quali- 
fications of  a  voter  at  the  time  of  his  election;  and  it 
is  not  necessary  that  his  name  be  upon  the  voting 
list  of  the  town. 

Engagement.  Every  district  officer  except  the 
moderator  must  be  engaged  by  some  one  duly  author- 
ized to  administer  oaths  before  he  enters  upon  the 

29 


338  SCHOOL  MANUAL. 

discharge  of  his  duties.  The  following  officers  may 
administer  the  oath  to  school  district  officers:  the 
moderator  of  the  district,  district  clerk,  town  clerk, 
president  of  town  council,  trial  justice,  justices  of  the 
peace,  and  public  notaries.  When  an  officer  is  en- 
gaged at  any  other  time  than  in  the  district  meeting,. 
he  should  always  receive  a  written  certificate  of  his 
engagement.  [See  form.] 

The  same  person  may  hold  more  than  one  office  at 
the  same  time,  where  the  duties  of  the  two  do  not 
conflict,  or  where  the  law  does  not  make  one  officer 
responsible  to  the  other:  that  is,  one  person  may  be 
both  moderator  and  trustee  or  collector;  but  the  two 
offices  of  moderator  and  clerk  cannot  be  rilled  by  the 
same  person  at  the  same  time,  neither  the  offices  of 
trustee  and  collector,  nor  those  of  collector  and  treas- 
urer. 

Vacancies  in  office  are  always  created  by  absolute 
removal  from  the  district,  and  an  officer  has  no  au- 
thority to  act  after  such  removal.  But  great  care 
should  be  taken  before  proceeding  to  fill  any  such 
vacancies,  to  see  that  the  evidence  of  the  removal 
and  consequent  vacancy  is  incontestible  ;  for  there  is 
often  a  temporary  removal  or  absence  which  could 
not  be  regarded  as  a  legal  removal,  and  any  attempt 
to  fill  the  so-called  vacancy  would  lead  to  difficulty. 

Resignations  should  always  be  given  in  writing, 
addressed  either  to  the  clerk  of  the  district,  or  to  the 
trustee.  Oral  resignations  are  so  liable  to  be  tin 
source  of  misunderstanding  that  they  should  never  be 
used.  A  resignation  can  be  withdrawn  any  time  be- 
fore it  has  been  accepted,  either  formally,  or  by  filling 
the  vacancy. 

All  district  officers  are  to  be  elected  armualty,  but 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        339 

all  school  officers,  whether  town  or  district,  will  hold 
over  till  their  successors  are  not  only  elected,  but 
qualified.  A  pecuniary  interest  in  the  introduction 
of  any  school  text-book  disqualifies  any  school  officer 
whatever  from  continuing  in  his  office. 

Voting.  To  enable  a  person  to  vote  in  a  district 
meeting,  lie  must  reside  in  the  district  and  possess 
the  qualifications  requisite  to  entitle  him  to  have  his 
name  put  upon  the  voting  list  of  the  town  at  that 
time ;  but  his  name  need  not  actually  be  upon  the 
list.  To  vote  as  a  taxpayer,  a  man  must  pay,  or  be 
liable  to  pajr,  a  portion  of  the  tax  in  question. 

Taxpaying  residents  alone  have  the  right  to  vote 
on  questions  involving  the  expenditure  of  money, 
but  a  non-resident,  though  a  taxpayer,  has  no  vote 
at  all,  not  even  upon  tax  questions. 

If  a  person  residing  in  a  joint  district  moves  from 
one  town  to  the  other,  he  loses  his  vote  in  that  dis- 
trict till  he  has  gained  it  in  the  other  town. 

Certificate  voters,  so-called,  cannot  vote  for  school 
district  officers. 

Meetings.  As  to  notifying  meetings,  see  chapter 
56,  section  5.  A  meeting  called  by  only  one  notice 
is  never  legal,  nor  where  the  notice  is  signed  by  any 
other  person  than  the  trustees,  clerk,  or  school  com- 
mittee ;  and  all  business  transacted  at  an  illegal 
meeting  is  void.  The  notice  for  an  annual  meeting 
need  not  specify  any  of  the  items  of  business.  Any- 
thing which  it  is  lawful  for  a  district  to  do,  even  the 
voting  of  a  tax,  can  be  done  at  an  annual  meeting 
without  being  mentioned  in  the  notice.  But  every 
notice  of  a  special  meeting  must  state  specifically 


340  SCHOOL  MANUAL. 

what  business  is  to  be  done,  or  it  will  be  illegal.  All 
notices  must  be  posted  at  least  five  days  before  the 
meeting.  (See  form.)  The  annual  meeting  must 
organize  by  choosing  a  moderator  and  clerk.  The 
moderator  is  an  annual  officer,  the  same  as  the  clerk, 
and  presides  at  all  meetings  daring  his  year  of  ser- 
vice. He  need  not  be  engaged.  The  clerk,  whether 
regular  or  pro  tern,  should  be  engaged  before  he  enters 
upon  the  discharge  of  his  duties.  He  ma}^  then  en- 
gage all  other  district  officers,  and  his  record  will  be 
evidence  of  his  own  and  their  engagements.  If  there 
is  a  failure  to  appoint  officers  at  the  annual  meeting 
they  may  be  appointed  afterwards,  and  vacancies 
ma}'  be  filled  at  any  time.  If  either  moderator  or 
clerk  is  absent  from  any  meeting,  a  moderator  or 
clerk  pro  tern,  should  be  elected. 

If  the  moderator  refuses  to  put  questions  to  vote, 
or  if  he  or  any  other  district  officer  violates  the  law, 
or  refuses  to  perform  his  duties,  he  is  liable  to  pay  a 
fine,  or  to  be  brought  before  the  Supreme  Court  and 
compelled  to  act. 

The  annual  district  meeting  is  to  be  in  April,  but 
special  meetings  may  be  called  by  the  trustees  at 
any  time  as  their  judgment  may  decide;  provided, 
that  no  special  meeting  shall  be  called,  without  the 
consent  of  the  school  committee,  to  consider  any  sub- 
ject that  shall  have  been  acted  upon  by  the  district 
within  six  months.  Any  legal  meeting  may  adjourn 
to  a  special  time  and  continue  at  that  adjournment 
the  business  which  was  specified  in  the  call,  or  which 
it  was  proper  to  consider  at  the  first  meeting. 

Inhabitants  of  districts  may  be  witnesses  in  all 
cases,  and  so  may  prove  (if  disputed)  the  legality  of 
the  notice  and  meeting,  but  the  clerk's  record  that 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        341 

the  meeting  has  been  duly  notified  will  be  prima 
facie  evidence  of  the  fact. 

Quorum.  It  has  been  repeatedly  decided  in  the 
courts  of  England  and  this  country,  that  at  common 
law,  where  there  is  no  statute  provision,  when  a  meet- 
ing of  a  corporation,  consisting  of  an  indefinite  num- 
ber of  persons,  (as  towns,  districts,  etc.,)  is  properly 
notified,  no  particular  number  is  necessary  to  form  a 
quorum,  but  a  majority  of  those  present  may  act. 

To  require  a  majority  of  the  voters  of  the  district 
to  be  present  would  in  many  cases  prevent  the  doing 
of  any  business  at  all.  And  to  fix  any  particular 
number  would  be  difficult,  because,  there  are  some 
districts  where  this  number  would  be  more  than  the 
whole  number  of  voters.  The  law  has  therefore  re- 
quired the  notice  of  the  meeting  to  be  given  with 
great  particularity,  and  then  presumes  that  every 
voter  who  does  not  attend  assents  to  what  is  done 
by  those  present. 

At  the  same  time  it  will  not  be  advisable  to  pro- 
ceed in  any  matter  of  importance,  such  as  laying  a 
tax,  etc.,  unless  a  respectable  proportion  of  the  voters 
attend. 

Order  of  business.  A  district  has  full  power  to 
make  its  own  rules  of  order,  and  any  district  meeting 
is  competent  to  overrule  any  decision  or  ruling  of  the 
moderator,  and  he  is  bound  to  conform  to  their  votes 
in  such  matters. 

In  the  election  of  officers  where  only  one  person  is 
nominated,  it  is  generally  enough  to  call  for  all  in 
favor  of  his  election  to  say,  "aye,"  and  all  opposed  to 
say,  "  no."  If  there  is  the  least  doubt  in  the  mode- 


342  SCHOOL  MANUAL. 

rator's  mind  as  to  the  vote,  he  should  take  it  again, 
by  show  of  hands.  Where  two  or  more  persons  are 
nominated  for  the  same  office,  a  ballot  should  always 
be  taken  by  the  moderator.  If  a  ballot  is  called  for 
on  any  question  and  the  call  is  seconded,  the  mode- 
rator should  put  the  question  to  the  meeting,  whether 
they  will  have  a  ballot.  If  the  call  is  not  seconded 
he  can  act  his  own  pleasure.  If  a  request  is  made  for 
a  record  of  the  voters  and  how  they  voted  on  any  ques- 
tion, it  must  be  taken,  but  the  request  must  be  made 
before  the  voting  begins.  A  district  may  therefore 
reconsider  a  vote  at  any  time  as  well  upon  the  motion 
of  one  who  did  not  vote  for  it,  as  upon  that  of  one 
who  did  ;  and  the  district  may  also  rescind  any  vote 
.at  any  time,  before  any  contract  has  been  made  un- 
der it.  But  after  a  contract  has  been  made,  or  an 
individual  has  incurred  any  expense  or  liabilities  in 
consequence  of  a  vote  of  the  district,  they  cannot 
with  justice  rescind  it.  And  if  it  is  rescinded,  they 
will  be  held  liable  to  make  good  all  damages  and 
losses  incurred. 

A  subsequent  meeting  cannot  by  vote  legalize  the 
illegal  action  of  a  preceding  meeting. 

TAXATION. 

General  provisions.  The  districts  have  power  to 
build,  purchase,  hire,  and  repair  schoolhouses,  pro- 
vide blackboards,  maps,  furniture,  and  all  necessary 
and  useful  appendages.  The  law  gives  them  a 
general  power  to  tax  for  school  purposes.  They  may 
tax  to  pay  rent  of  a  hired  house.  They  may  also  tax 
to  repair  a  hired  house,  provided  they  have  a  valid 
lease  of  it  for  a  definite  period.  They  may  also  tax 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        343 

to  maintain  a  day  or  evening  school,  but  they  cannot 
impose  any  tuition  tax  or  rate  bill  on  the  resident 
pupils.  And  to  guard  against  any  abuse  of  this 
power,  the  tax  must  be  approved  by  the  school  com- 
mittee, and  the  plans  for  building  and  repairs  must 
also  be  approved  by  the  committee,  or,  on  appeal,  by 
the  commissioner ;  but  this  approval  is  simply  an 
approval  of  the  amount  of  tax,  and  not  an  endorse- 
ment of  the  accuracy  or  validity  of  the  tax  bill.  And 
in  all  cases  of  levying  taxes,  it  is  necessary  to  vote 
either  a  sum  certain,  or  a  sum  not  less  than  a 
•certain  sum,  and  not  more  than  a  certain  sum,  or 
a  certain  percentage  on  the  valuation  of  the  rata- 
ble property  of  the  district.  The  amount  levied 
may  be  greater  than  the  indebtedness  of  the  district. 
Indeed  it  is  desirable  that  there  should  be  some 
funds  in  the  treasury  all  of  the  time.  Every  vote  to 
levy  a  tax  should  specify  a  time  when  it  shall  be  due 
and  payable,  and  it  is  usually  wise  to  provide  a  pen- 
alty for  non-payment  at  the  required  time. 

All  school  district  taxes  must  be  voted,  assessed, 
and  collected  according  to  the  present  school  act,  all 
former  acts  being  repealed. 

On  laying  a  tax,  or  on  any  question  relating  to  the 
expenditure  of  money,  those  only  are  entitled  to  vote 
who  shall  have  paid,  or  are  liable  to  pay,  taxes  ;  and 
no  tax  can  be  assessed  or  money  hired  on  the  credit 
of  the  district  without  the  direct  vote  of  the  district 
to  that  effect. 

Assessment  of  taxes.  Unless  the  district  vote  to 
have  their  tax  assessed  according  to  the  next  town 
valuation,  the  trustee  or  trustees  must  proceed  to 
make  out  the  tax  bill  according  to  the  last  town  val- 


344  SCHOOL  MANUAL. 

nation.  If  there  are  any  complaints  of  wrong  valua- 
tion, it  would  be  well  for  the  district  to  postpone  the 
tax  until  the  next  town  assessment  is  completed,  to 
give  the  parties  an  opportunity  to  be  heard  before  the 
town  assessors. 

There  are  no  such  officers  recognized  by  the  law  as 
•district  assessors,  and  if  a  district  should  elect  such, 
and  they  should  assess  a  tax,  it  could  not  be  collected; 
nor  would  a  tax  be  collectible  if  assessed  by  trus- 
tees, one  or  all  of  whom  were  subsequently  found  to 
be  disqualified,  or  illegally  elected. 

A  vote  to  assess  by  the  next  town  valuation  is  the 
only  way  for  a  district  to  avail  itself  of  any  increase 
in  the  taxable  property  of  the  district.  The  trustee, 
•either  by  himself  or  by  assessors,  has  no  right  to  make 
a  new  valuation  for  individuals,  or  for  the  whole  dis- 
trict indeed,  apart  from  the  rest  of  the  town. 

If  any  property  within  the  district  is  assessed  to 
any  person  together  with  property  out  of  the  dis- 
trict, so  that  there  is  no  separate  valuation  of  that 
portion  which  ma}7  lie  within  the  district  lines,  and 
so  in  the  other  cases  referred  to  in  cap.  58,  §  2, 
"the  trustees  must  first  endeavor  to  agree  with  the 
parties  interested  as  to  the  valuation  of  the  property, 
.and  in  case  they  cannot  agree  they  must  then  apply 
in  writing  to  one  or  more  of  the  town  assessors,  living 
out  of  the  district,  stating  the  names  of  the  parties 
so  situated;  and  the  assessors  will  immediately  issue 
three  notices,  and  at  the  expiration  of  the  ten  days 
proceed  to  decide  and  apportion  the  valuation;  and 
in  their  return  to  the  trustee  they  should  certify  over 
their  official  signatures  to  all  of  the  material  facts.  As 
the  assessors  are  called  upon  to  act  in  these  cases  solely 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        345 

upon  business  of  the  district  their  fees  should  be  paid 
by  the  district. 

The  following  is  an  abstract  of  the  general  tax 
laws  of  the  State ;  but  a  trustee  or  assessor,  before 
proceeding  to  act,  should  always  inquire  if  they  have 
been  altered  or  amended. 

In  assessing  a  tax,  real  and  personal  estate  must 
be  valued  separately,  and  put  in  separate  columns. 
Taxes  on  real  estate  must  be  assessed  to  the  owner 
or  tenant  for  life,  and  separate  tracts  or  parcels 
should  be  separate!}7  described  and  valued,  as  far  as 
practicable.  They  should  not  be  assessed  against  a 
person  deceased,  but  may  be  assessed  to  the  estate  or 
heirs  of  the  deceased  until  the  assessors  have  notice 
of  a  division,  and  each  heir  is  liable  for  the  whole 
tax.  If  a  tax  be  assessed  on  real  estate  by  mistake 
to  a  person  not  the  owner  thereof,  the  tax  may  be 
collected  from  such  real  estate,  provided  it  can  be 
identified,  and  that  the  real  owner  has  notice  of  the 
assessment. 

If  any  real  estate  has  changed  owners  since  the 
last  town  valuation,  it,  of  course,  must  be  assessed  to 
the  actual  owners  at  the  time  the  school-tax  bill  is 
made  out.  This  is  the  reasonable  construction  of  the 
law.  If  the  new  owner  resides  out  of  the  district,  the 
purchase  does  not  carry  the  property  out  of  the  dis- 
trict too.  It  is  still  taxable  where  it  is  situated. 

Persons  must  be  taxed  for  personal  property  ac- 
cording to  their  residence  for  the  greater  portion  of 
the  twelve  months  next  preceding  the  first  day  of 
April  in  each  year,  unless  otherwise  provided.  But 
a  person  moving  into  the  State  will  be  taxable  in  the 
town  and  district  where  he  resides  when  the  tax  is 
assessed.  If  a  person  moves  out  of  the  State  before 


346  SCHOOL   MANUAL. 

the  assessment,  he  is  not  liable.  The  general  rule  as 
to  taxation  is,  that  personal  property  shall  be  taxed 
to  the  owner  where  he  resides,  and  real  estate  where 
it  lies.  A  few  exceptions  from  this  rule,  made  by 
statute,  are  hereafter  referred  to. 

Buildings  on  leased  land,  where  the  lease  is  re- 
corded, are  to  be  deemed  real  estate,  but  in  other 
cases  they  would  be  regarded  as  personal  property. 
Standing  wood  to  be  cut  and  removed,  if  there  is  no 
deed  of  the  land,  is  to  be  regarded  as  personal  prop- 
•erty.  It  has  been  decided  in  Massachusetts,  that  a 
person  residing  on  land  ceded  to  the  United  States, 
^ind  where  the  State  has  only  reserved  a  right  of 
serving  process,  is  not  taxable.  (8  Mass.  72;  1  Met- 
-calf,  680.)  Machinery  in  cotton  and  woolen  factories, 
merchandise,  stock  in  trade,  lumber  and  coal,  stock 
in  livery  stables,  being  permanently  located  in  any 
town,  are  to  be  taxed  in  the  towns  where  located,  in 
the  same  manner  as  if  the  owner  resided  there. 

Personal  property  in  trust,  the  income  of  which  is 
to  be  paid  to  some  other  person,  must  be  assessed  to 
the  trustee  in  the  town  where  such  other  person  re- 
sides, if  in  the  State  ;  but  if  such  person  lives  out  of 
the  State,  then  it  is  to  be  taxed  where  the  trustee,  ex- 
ecutor, etc.,  resides. 

Personal  property  in  the  hands  of  the  executors, 
guardians,  etc.,  is  to  be  taxed  to  them  in  the  town 
where  the  deceased  dwelt,  or  the  ward  resides,  if  a 
resident  of  this  State ;  but  if  not,  then  in  the  town 
where  the  guardian  resides. 

Collection  of  taxes.  The  taxes  must  be  collected 
by  the  district  collector,  or  by  the  town  collector,  if 
the  district  so  votes.  A  tax  paid  to  the  treasurer  or 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.      347 

any  other  person  does  not  release  the  party.  If  the 
town  collector  serves,  he  does  not  need  to  be  engaged 
as  district  collector. 

Before  the  collector  proceeds  to  the  collection  of 
the  taxes  he  should  see  that  the  provisions  of  the  law 
regarding  the  assessment  have  been  complied  with. 

The  mode  of  distraining  and  selling  personal 
property  is  pointed  out  in  the  General  Laws.  The 
mode  of  notifying  and  selling  land  for  taxes  is  also 
prescribed  by  law.  In  either  of  the  above  cases  the- 
collector  should  be  very  particular  to  follow  the  exact 
letter  of  the  law,  keeping  within,  rather  than  over- 
stepping, its  bounds.  If  a  person  is  taxed  for  more 
than  one  parcel  of  land,  the  whole  tax  may  be  col- 
lected out  of  any  one  parcel,  and  the  real  estate  is 
liable  for  the  tax  on  both  real  and  personal  property. 

A  tax  warrant  remains  in  force  until  the  whole  tax 
is  collected,  even  though  a  second  or  third  tax  may 
have  been  levied  in  the  meantime. 

If  the  collector  dies,  resigns,  or  is  removed,  the  new 
collector,  in  order  to  complete  the  collection,  should 
receive  a  new  warrant.  The  oath  of  the  collector  is 
admitted  to  prove  a  demand.  Any  district  may  offer 
a  deduction  to  those  who  pay  on  or  before  a  certain 
time,  or  impose  a  percentage  on  those  who  do  notr 
not  to  exceed  the  rate  of  twelve  per  cent,  per  annum. 

All  property  which  is  exempted  from  attachment 
by  the  laws  of  this  State,  or  of  the  United  States,, 
such  as  the  uniform,  arms,  ammunition  and  equip- 
ments of  an  officer  or  private  in  the  militia,  house- 
hold furniture,  family  stores,  tools,  etc.,  cannot  be 
distrained  for  taxes. 

Owners  of  real  estate  sold  for  taxes  may  redeem 
within  one  year  after  sale,  on  paying  to  the  purchaser 


348  SCHOOL   MANUAL. 

the  amount  paid  therefor,  with  twenty  per  cent,  in 
addition. 

Any  person  neglecting  to  appear  before  the  asses- 
sor, after  notice  given,  has  no  remedy.  Any  tax  or 
assessment  not  appealed  from  cannot  be  questioned 
in  court  afterwards.  Provision  is  made  for  correct- 
ing errors  and  re-assessing  a  tax  by  application  to  the 
commissioner. 

All  claims  for  abatement  of  taxes  must  be  made  to 
the  district,  who  alone  have  authority  to  make  the 
same ;  save  in  cases  where  the  plea  is  based  upon  a 
change  of  boundaries,  when  an  appeal  is  allowed  to 
the  committee,  or  the  commissioner. 

[See  the  forms  and  notes,  and  especially  the  notes 
to  the  form  of  a  vote  for  levying  a  tax.] 

TEACHERS. 

Every  teacher  is  required  to  keep  a  record  of  all 
the  pupils  attending  the  school,  their  sex,  names, 
ages,  names  of  parents  or  guardians,  the  time  when 
they  enter  and  leave  school,  their  daily  attendance,, 
and  the  dates  when  the  school  is  visited  by  any 
school  officer.  These  registers  should  be  furnished 
by  the  committee,  to  whom  they  are  sent  by  the  com- 
missioner. From  the  register  the  teacher  must  furn- 
ish the  trustees  with  such  information  as  may  be 
necessary  to  make  the  returns  required  by  the  school 
committee. 

It  would  be  well  for  the  teacher  to  inform  the  com- 
mittee of  the  time  of  commencing  and  closing  his 
school,  in  order  that  they  may  know  when  to  visit  it> 
as  the  trustee  sometimes  neglects  this  duty. 

It  is  important  that  the  register  be  correctly  kept 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.         349 

in  all  its  details.  Accuracy  in  all  of  the  statistics  is 
of  the  highest  importance,  and  the  teachers  are 
especially  cautioned  to  follow  carefully  the  direc- 
tions to  be  found  in  the  registers. 

The  teacher  should  assist  the  trustees,  by  all  the 
means  in  his  power,  in  making  the  proper  returns,  as 
upon  their  accuracy  and  fullness  may  depend  the  suc- 
cess or  failure  of  many  provisions  of  the  law,  as  well 
as  the  wisdom  of  future  alterations  of  it.  Full  direc- 
tions for  making  out  these  returns  are  to  be  found  on 
all  the  blanks  which  are  furnished,  and  these  direc- 
tions should  be  strictly  followed. 

The  teacher  should  conform  to  all  regulations  of 
the  school  committee,  in  regard  to  hours,  studies,  dis- 
cipline, text-books,  etc.,  as  for  any  violation  of  them 
his  certificate  may  be  annulled,  or  he  may  be  dis- 
missed. He  ma}7,  (if  the  school  committee  by  regu- 
lation authorize  it),  suspend  a  scholar  temporarily,, 
until  a  hearing  can  be  had  before  the  committee,  in 
which  case  he  should  immediately  notify  the  com- 
mittee, and  the  parents  or  guardian  of  the  child. 

The  law  fixes  no  minimum  standard  of  qualifica- 
tions, but  it  is  left  for  the  school  committee  of  each 
town  to  determine  their  own  standard.  Each  teacher 
should,  however,  endeavor  to  add  to  his  acquire- 
ments, and  should  realize  that  all  knowledge  is  valu- 
able and  of  use  in  a  schoolroom. 

There  is  no  appeal  to  the  commissioner  from  a  re- 
fusal of  a  committee  to  grant  a  certificate. 

No  member  of  the  committee,  or  superintendent, 
or  trustee,  can  teach  anj7  school,  supported  wholly  or 
in  part  by  the  public  moneys,  in  the  town  where  he 
resides. 

If  the  teacher  has  a  proper  sense  of  the  importance 

30 


350  SCHOOL  MANUAL. 

of  his  position,  and  conducts  himself  accordingly,  he 
will  secure  to  himself  the  affection  and  respect  of  the 
people  of  his  district,  by  exerting  his  utmost  powers 
to  promote  the  moral  and  intellectual  advancement, 
not  only  of  his  scholars,  but  of  the  community  around 
him.  The  moral  influence  he  may  exert  by  his  ex- 
ample and  instructions  can  hardly  be  estimated. 
And  he  may  aid  in  diffusing  much  useful  informa- 
tion by  encouraging  lectures  and  literary  meetings. 

Moral  instruction  should  by  all  means  be  incul- 
cated by  the  teacher,  but  yet  so  as  to  avoid  all  sec- 
tarian comments  or  bias. 

The  rule  as  laid  down  in  the  law  of  the  State  of 
Massachusetts,  while  it  points  out  and  inculcates  the 
duty  of  the  teacher  to  give  moral  instruction,  is  care- 
fully drawn  to  avoid  giving  countenance  to  any  at- 
tempt to  impart  sectarian  instruction,  and  may  well 
be  followed  in  this  commonwealth. 

"  It  shall  be  the  duty  of  the  teachers  to  use  their 
best  endeavors  to  impress  upon  the  minds  of  the 
youth  committed  to  their  care  and  instruction,  the 
principles  of  piety,  justice,  and  a  sacred  regard  to 
truth,  love  to  their  country,  humanity  and  universal 
benevolence,  sobriety,  industry,  frugality,  chastity, 
moderation,  temperance,  and  those  other  virtues 
which  are  the  ornament  of  human  society  and  the 
basis  upon  which  a  republican  constitution  is 
founded;  and  they  shall  endeavor  to  lead  their  pu- 
pils, as  their  ages  and  capacities  will  allow,  into  a 
clear  understanding  of  the  tendencies  of  these  virtues 
to  preserve  and  perfect  a  republican  constitution, 
and  secure  the  blessings  of  liberty,  as  well  as  to  pro- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        351 

mote  their  own  happiness  ;  and  also  to  point  out  to 
them  the  evil  tendency  of  the  opposite  vices." 

Reading  the  Bible  and  praying  in  schools.  The 
Constitution  and  laws  of  the  State  give  no  power  to  a 
school  committee,  nor  is  there  any  authority  in  the 
State,  by  which  the  reading  of  the  Bible  or  praying 
in  school,  either  at  the  opening  or  at  the  close,  can  be 
commanded  and  enforced.  On  the  other  hand,  the 
spirit  of  the  Constitution,  and- the  neglect  of  the  law 
to  specify  any  penalty  for  so  opening  or  closing  a 
school,  or  to  appoint  or  allow  any  officer  to  take  notice 
of  such  an  act,  do  as  clearly  show  there  can  be  no 
compulsory  exclusion  of  such  reading  and  praying 
from  our  public  schools.  The  whole  matter  must  be 
regulated  by  the  consciences  of  the  teachers  and 
inhabitants  of  the  district,  and  by  the  general  consent 
of  the  community.  Statute  law  and  school  commit- 
tees' regulations  can  enforce  neither  the  use  nor  dis- 
use of  such  devotional  exercises.  School  committees 
may  recommend,  but  they  can  go  no  further. 

It  is  believed  to  be  the  general  sentiment  of  the 
people  of  Rhode  Island  that  this  matter  shall  be  left 
to  the  conscience  of  the  teacher  ;  and  it  is  expected 
that  if  he  read  the  Bible  as  an  opening  exercise,  he 
shall  read  such  parts  as  are  not  controverted  or  dis- 
puted, but  such  as  are  purely  or  chiefly  devotional ; 
and  if  he  pray  at  the  opening  of  his  school,  he  shall 
be  very  brief,  and  conform  as  nearly  to  the  model  of 
the  Lord's  Prayer  as  the  nature  of  the  case  will  ad- 
mit. And  in  all  this  he  is  bound  to  respect  the  con- 
scientious scruples  of  the  parents  of  the  children  be- 
fore him,  as  he  would  have  his  own  conscientious 
scruples  respected  by  them  in  turn;  always,  of  course, 


352  SCHOOL  MANUAL. 

taking  care  that  in  the  means  he  uses  to  show  his  re- 
spect for  the  consciences  of  others  he  does  not  violate 
the  law  of  his  own  conscience. 

In  regard  to  the  use  of  the  Bible  in  schools,  two 
observations  occur  here.  If  the  committee  prescribe, 
or  the  teacher  wishes,  to  have  the  Bible  read  in 
school,  it  should  not  be  forced  upon  any  children 
whose  parents  have  any  objections  whatever  to  its 
use.  In  most  cases  the  teacher  will  have  no  difficulty 
with  the  parents  on  this  subject,  if  he  conducts  with 
proper  kindness  and  courtesy.  In  the  next  place,  no 
scholars  should  be  required  to  read  the  Bible  at 
school  until  they  have  learned  to  read  with  tolerable 
fluency.  To  use  it  as  a  text-book  for  the  younger 
scholars  often  has  the  effect  of  leading  them  to  look 
upon  it  with  the  same  sort  of  careless  disregard,  and 
sometimes  dislike,  with,  which  they  regard  their  other 
schoolbooks,  instead  of  that  respect  and  veneration 
with  which  this  book  of  books  should  always  be 
treated  and  spoken  of. 

In  the  last  part  of  this  manual  will  be  found  cer- 
tain forms  of  prayer,  which  are  given  simply  as  a 
guide  to  those  who  wish  to  use  this  service  and  as  an 
indication  of  that  form  which  would  be  generally  ac- 
ceptable to  any  community.  These  particular  forms 
are  those  allowed  by  law  to  be  used  in  the  public 
schools  of  Canada,  and  are  both  comprehensive  in 
their  scope  and  appropriate  in  their  diction. 

Power  to  punish.  The  teacher  should  maintain  a 
careful  supervision  over  the  conduct  of  his  pupils  at 
all  times  when  they  are  upon  the  school  premises. 
Recesses  and  the  brief  periods  at  the  beginning  and 
close  of  school,  when  the  children  are  mingling  to- 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        353 

gether  in  the  school  yard,  are  times  above  all  others 
when  the  watchful  eye  of  the  teacher  should  be  on 
the  alert.  The  conduct  of  pupils  on  their  way  to  and 
from  school  should  also  not  escape  the  notice  of  the 
teacher,  though  the  extent  of  the  teacher's  authority 
to  enforce  obedience  in  such  circumstances  is  much 
more  restricted  than  in  cases  occurring  on  the  school 
premises. 

This  question  of  the  extent  of  the  teacher's  author- 
ity has  been  very  widely  discussed,  and  has  been  the 
subject  of  many  controversies  and  judicial  decisions 
in  various  states ;  and  while  it  is  impossible  to  lay 
down  a  rule  which  shall  cover  all  cases,  the  general 
principles  have  been  quite  well  defined,  and  were 
ATery  clearly  set  forth  in  a  recent  case  in  the  Supreme 
Court  of  this  State  where  a  teacher  was  sued  for 
damages  on  account  of  unlawful  and  excessive 
punishment.  The  court,  Mr.  Justice  Tillinghast  pre- 
siding, instructed  the  jury  substantially  as  follows: 

An  assault  and  battery  is  any  unlawful  physical 
force  used  against  the  person  of  another.  It  matters 
not  how  slight  or  how  great  the  force,  so  that  it  be 
unlawful  and  wrongful,  it  is  an  assault  and  battery. 
This  defendant  is  charged  with  the  use  of  such  force 
against  the  person  of  the  plaintiff.  She  admits  that 
she  did  use  physical  force  against  him — that  she  did 
punish  him  with  the  instrument  which  she  has  pro- 
duced before  you, — so  that,  the  force  being  admitted, 
the  first  and  principal  question  for  you  to  determine 
is  whether  it  was  unlawful  or  wrongful.  If  so,  she  is 
guilty  as  charged.  If  not,  she  is  not  guilty. 

The  defendant  justifies  her  conduct,  or  seeks  to 
j  ustify  it,  on  the  ground  that  she  was  a  teacher  in  a 

30* 


354  SCHOOL  MANUAL. 

public  school ;  that  this  plaintiff  was  a  pupil  under 
her  charge ;  that  the  only  force  she  used  was  the 
infliction  of  such  reasonable  and  judicious  bodily 
punishment  as  she  lawfully  might  inflict  for  the  dis- 
obedience and  misconduct  of  the  pupil.  That  a 
teacher  of  a  public  school  has  the  right  to  inflict 
corporal  punishment  upon  a  pupil,  for  sufficient 
cause,  is  not  disputed.  He  stands,  practically,  for 
the  time  being,  in  place  of  the  parent,  and  may  law- 
fully and  properly  inflict  such  punishment  as  ma}7 
be  reasonable  and  necessary  to  compel  obedience  and 
a  due  regard  for  the  well-ordering  and  good  govern- 
ment of  the  school. 

Judge  Blackstone  says,  "The  master  is  in  loco 
parent-is,  and  has  such  a  portion  of  the  powers  of  the 
parent  committed  to  his  charge  as  may  be  necessaiy 
to  answer  the  purposes  for  which  he  is  employed." 

Punishment  of  this  sort  should,  however,  be  ad- 
ministered with  special  care  and  prudence,  and 
alwajTs  with  temperate  zeal  and  moderation.  If  in 
any  case  the  punishment  is  clearly  excessive,  it  then 
becomes  unjustifiable,  and  the  teacher  is  liable. 

It  being  admitted  then,  that  the  teacher  has  the 
right  to  punish  his  pupil  for  acts  of  misbehavior  com- 
mitted in  school,  we  will  enquire  as  to  his  right  to 
punish  for  such  acts  committed  before  the  school  was 
commenced,  or  after  it  was  dismissed.  Upon  this 
point  there  is  some  difference  of  opinion  in  the  com- 
munity, but  the  law  seems  to  be  well  settled,  and  is 
this: — that  for  such  misbehavior  out  of  school  as  has 
a  direct  and  immediate  tendency  to  injure  the  school, 
to  subvert  the  master's  authority,  and  to  beget  disor- 
der and  insubordination,  the  teacher  may  inflict  cor- 
poral punishment.  "It  is  not  misbehavior  generally," 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        355 

says  ALDIS  J.,  "or  towards  other  persons,  or  even  to- 
wards the  master  in  matters  in  no  ways  connected 
with  or  affecting  the  school.  For  as  to  such  matters, 
committed  by  the  child  after  his  return  home  from 
school  the  parents,  and  they  alone,  have  the  power  of 
punishment."  But  where  the  offence  has  a  direct 
and  immediate  tendency  to  injure  the  school  and 
bring  the  teacher's  authority  into  contempt,  as  in  this 
case,  when  done  in  the  presence  of  other  scholars  and 
of  the  teacher,  and  with  a  design  to  insult  her,  she 
has  the  right  to  punish  the  scholar  for  such  acts,  if 
he  conies  again  to  school. 

"The  misbehavior,"  says  the  same  judge,  "must 
not  have  merely  a  remote  and  indirect  tendency  to 
injure  the  school.  All  improper  conduct  or  language 
may  perhaps  have,  by  influence  and  example,  a  re- 
mote tendency  of  that  kind.  But  the  tendency  of 
the  acts  so  done  out  of  the  teacher's  supervision,  for 
which  he  may  punish,  must  be  direct  and  immediate 
in  their  bearing  upon  the  welfare  of  the  school,  or 
the  authority  of  the  teacher  or  respect  due  him. 

"Cases  may  readily  be  supposed  which  lie  very  near 
the  line,  and  it  will  often  be  difficult  to  distinguish 
between  the  acts  which  have  such  an  immediate,  and 
those  which  have  such  a  remote,  tendency.  Hence 
each  case  must  be  determined  by  its  peculiar  circum- 
stances. 

"Acts  done  to  deface  or  injure  the  schoolroom,  to 
destroy  the  books  of  scholars,  or  the  books  or  appar- 
atus for  instruction,  or  the  instruments  of  punish- 
ment of  the  master;  language  used  to  other  scholars 
to  stir  up  disorder  and  insubordination,  or  to  heap 
odium  and  disgrace  upon  the  master;  writings  and 
pictures  placed  so  as  to  suggest  evil  and  corrupt 


356  SCHOOL  MANUAL. 

language,  images  and  thoughts  to  the  youth  who 
must  frequent  the  school;  all  such  or  similar  acts 
tend  directly  to  impair  the  usefulness  of  the  school, 
the  welfare  of  the  scholars,  and  the  authority  of  the 
master.  By  common  consent  and  by  the  universal 
custom  in  our  New  England  schools,  the  master  has 
always  been  deemed  to  have  the  right  to  punish  such 
offences. 

"Such  power  is  essential  to  the  preservation  of 
order,  decency,  decorum,  and  good  government  in 
schools." 

Of  course  any  direct  personal  insult  or  indignity 
to  the  teacher,  as  snowballing  her,  stoning  her,  and 
other  like  conduct  out  of  school  would  come  within 
the  same  rule.  The  reasonable  exercise  of  the 
teacher's  authority  over  her  pupils  both  in  and  out 
of  school,  as  to  those  things  which  pertain  directljT 
to  the  well-being  of  the  school,  must  be  upheld  and 
sustained,  or  our  public  school  system  will  prove 
worse  than  a  failure. 

If  you  find,  therefore,  that  the  punishment  inflicted 
by  the  defendant  in  this  case  was  either  for  miscon- 
duct committed  in  school,  or  out  of  school,  under 
such  circumstances  as  I  have  described  to  you  and 
that  it  was  not  clearly  excessive  under  the  circum- 
stances of  the  case,  then  the  justification  set  up  by 
defendant  is  made  out,  and  you  will  find  a  verdict 
of  not  guilty.  If  you  find  that  the  punishment  was 
wrongfully  inflicted,  or  excessive,  then  you  will  find  a 
verdict  of  guilty  and  assess  such  damages  in  favor  of 
the  plaintiff  as  you  think  him  fairly  entitled  to. 

The  jury  returned  a  verdict  of  NOT  GUILTY. 

The  teacher  should  remember  that  while  the  law 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        357 

holds  him  responsible  for  his  acts  in  the  schoolroom, 
it  also  protects  him  while  therein  employed  from  all 
external  or  unofficial  interference.  No  private  per- 
son has  any  right,  in  any  circumstances,  to  enter  a 
schoolroom  in  school  hours  to  make  any  complaint  or 
to  disturb  the  school  in  any  way.  The  statute  law 
provides  a  specific  penalty  for  such  an  oifence. 

APPEALS. 

The  law  has  wisely  provided  a  cheap  and  efficient 
mode  of  settling  all  disputes  arising  under  the  school 
law.  It  was  intended  to  save  the  expense  of  litiga- 
tion to  districts  and  individuals,  and  it  is  believed 
that  it  has  already  had  the  effect  of  saving  a  great 
expenditure  of  money  in  this  way,  as  well  as  effect- 
ing a  more  speedy  settlement  of  difficulties,  which,  if 
continued,  would  interrupt  the  harmony  of  the  dis- 
tricts and  injure  the  schools.  An  appeal  may  be 
taken  to  the  commissioner  [see  the  forms],  and  he 
will  hear  the  parties  without  cost,  and  his  decision  is 
to  be  final  as  to  the  facts  or  merits  of  the  case.  When 
questions  of  law  arise,  provision  is  made  for  laying 
them  before  one  of  the  judges  of  the  Supreme  Court, 
but  the  judges  will  not  examine  or  hear  the  parties 
upon  the  facts  of  the  case.  When  a  case  is  submit- 
ted to  one  of  the  judges,  it  has  been  decided  that  the 
commissioner  must  make  a  statement  of  the  facts  as 
he  finds  them  to  be  established  by  the  evidence,  and 
that  this  statement  is  to  be  submitted,  and  not  the 
evidence  itself. 

Any  party  neglecting  to  appeal  from  a  vote  to  tax, 
or  an  assessment  of  a  tax,  cannot  question  it  after- 
wards, provided  the  meeting  was  legally  notified,  and 
the  tax  approved,  etc. 


358  SCHOOL  MANUAL. 

It  has  been  settled  that  an  appeal  brings  the  whole 
question  np,  and  the  commissioner  in  many  cases  is 
not  confined  to  confirming  or  reversing  the  proceed- 
ings appealed  from,  but  may  make  a  new  decision. 

All  appeals,  however,  should  be  taken  within  a 
reasonable  time,  and  before  any  contract  is  made,  or 
liability  incurred,  under  the  vote  or  act  appealed 
from.  If  the  appeal  is  not  made  within  such  a 
reasonable  time,  that  circumstance  alone  will  be  suf- 
ficient reason  for  dismissing  it.  And  no  appeal  will 
be  entertained  unless  made  by  the  party  aggrieved. 

Written  notice  of  the  appeal  should  always  be 
sent  to  the  party  whose  action  is  appealed  from,  or  to 
the  officer  whose  title  is  questioned,  and  this  notice 
should  include  a  copy  of  the  appeal  itself,  or  of  the 
reasons  therein  contained. 

EDUCATION  OF  THE  DEPENDENT  AND  DEFECTIVE 

CLASSES. 

This  State  makes  special  provision  for  these  un- 
fortunate children.  For  the  dependent  children,  i.  e., 
those  having  no  home  and  dependent  on  public  char- 
ity, she  has  provided  the  State  Home  and  School, 
which  is  located  upon  a  large  farm  about  three  miles 
from  the  centre  of  the  city.  It  is  under  the  care  of  a 
board  of  seven  persons,  four  of  whom  are  to  be  men, 
and  three,  women. 

The  aim  is  indicated  by  the  name, — to  provide  a 
home  for  the  children,  together  with  such  training 
and  education  as  shall  fit  them  to  become  self-respect- 
ing, self-supporting  men  and  women. 

The  general  care  of  the  education  of  the  defective 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        359 

classes  is  placed  in  the  hands  of  the  State  Board  of 
Education,  upon  whose  recommendation  children  are 
appointed  by  the  governor  as  State  beneficiaries  at 
any  institution  selected  by  the  Board.  The  policy 
of  the  State  with  reference  to  these  unfortunates  is 
very  liberal,  and  it  is  of  great  importance  that  the 
school  officers  and  others  should  take  pains  to  see 
that  cases  of  blind  and  feeble-minded  children  are 
brought  to  the  attention  of  the  Board,  in  order  that 
their  education  may  be  secured. 

For  the  education  of  the  deaf  the  State  has  estab- 
lished a  boarding,  or  home,  school,  called  the  R.  I. 
Institute  for  the  Deaf,  which  is  situated  in  the  city 
of  Providence.  It  is  thoroughly  equipped  with  new 
buildings  and  the  best  appliances  for  its  work.  The 
oral  method  of  instruction  is  pursued  exclusively, 
hence  it  is  of  great  importance  that  the  child  should 
be  placed  there  at  an  early  age,  or  soon  after  the  loss 
of  hearing. 

The  school  is  under  the  care  and  direction  of  a 
board  of  six  men  and  three  women,  together  with  the 
governor  and  lieutenant-governor,  ex-officiis. 

LIBRARIES. 

Towns  and  districts  are  both  authorized  to  main- 
tain school  libraries,  and  a  slight  annual  expenditure 
added  to  the  State  aid  for  the  supply  of  school  ap- 
paratus would  soon  suffice  to  equip  every  school 
with  a  good  working  library,  than  which  no  better 
educational  power  exists.  In  towns  where  there  is 
no  public  library  and  where  the  population  is  so 
scattered  as  to  preclude  the  maintenance  of  one  cen- 


360  SCHOOL  MANUAL. 

tral  library,  such  school  libraries  should  be  estab- 
lished without  fail,  and  maintained  at  a  high  degree 
of  efficiency. 

In  addition  to  these  school  libraries,  towns  are 
authorized  to  establish  and  maintain  free  public 
libraries,  and  several  of  the  towns  have  such  libra- 
ries already  established.  In  a  large  number  of  other 
towns  there  are  free  libraries,  but  they  are  controlled 
by  associations,  either  chartered  directly  by  the  Gen- 
eral Assembly,  or  organized  under  the  general  law 
relating  to  "  Voluntary  Associations."  The  State 
Board  of  Education  is  authorized  to  grant  aid  from 
the  State  treasury  to  all  such  free  public  libraries. 
The  main  condition  is  that  the  use  of  the  library 
shall  be  entirely  free  to  all  the  citizens,  subject  only 
to  such  rules  as  are  necessary  for  the  proper  care  of 
the  property.  This  aid  cannot  be  given  until  the 
library  has  attained  to  the  size  of  five  hundred  vol- 
umes. The  amount  of  aid  is  limited  to  fifty  dollars 
annually  for  the  first  five  hundred  volumes,  and 
twenty-five  dollars  additional  for  each  subsequent 
five  hundred.  This  increase  is,  however,  optional 
with  the  Board  of  Education.  The  Board  are  au- 
thorized to  make  rules  and  regulations  for  the  gov- 
ernment of  these  libraries.  Copies  of  these  rules 
can  be  had  always  on  application  to  the  commis- 
sioner. 

If  possible  it  is  desirable  to  establish  these  libra- 
ries upon  a  permanent  basis,  and  that  is  best  secured 
by  making  them  town  institutions,  and  special  atten- 
tion is  called  to  chapter  43  of  the  General  Laws.  Pro- 
vision is  thereby  made  for  their  constant  care  and 
protection  and  the  general  public  is  more  thoroughly 
interested  in  them.  It  often  happens,  however,  that 


REMARKS  RELATING  TO  PUBLIC  INSTRUCTION.        361 

the  first  inception  of  such  an  enterprise  must  be  in 
the  minds  of  a  few  public  spirited  persons,  and  in 
that  case  they  should  associate  themselves  together. 
An  outline  of  the  necessary  articles  for  such  an  as- 
sociation will  be  found  among  the  "Forms." 


81 


362 


SCHOOL  MANUAL. 


FORMS. 


These  forms  have  been  prepared  in  order  to  assist 
those  who  may  be  disposed  to  undertake  any  office  or 
duty  under  the  school  laws,  to  save  them  expense  and 
trouble,  and  to  bring  about  a  uniformity  of  practice, 
as  far  as  that  can  be  done.  These  forms,  with  the 
exception  of  the  oath  of  office,  are  not  prescribed  by 
law,  but  are  believed  to  conform  substantially  to  the 
law,  and  to  be  safe  precedents. 


1.     Warrant  or    Certificate  of   Election   of   School 
Officers. 


To 


of 


greeting: 


This  certifies  that   you,  the   said 
meeting    of    the    town    of 
of  school  district  No.       of  the  town  of 
on  the  day  of  A.  D.  18 


were  at  a 
[or  of 
],  held 

,  chosen  to 


the  office  of  of  said  town  [or  district],  and 

are  by  virtue  of  said  appointment  fully  authorized 
and  empowered  to  discharge  all  the  duties  of  said 
office,  and  to  exercise  all  the  powers  thereto  belong- 
ing, according  to  law. 

[L.  s.]  Witness  my  hand,  and  the  seal  of  said  town 
[or  district]  hereto  affixed  by  me,  this 

day  of  A.  D.  18 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.          363 

%.     Form  of  Oath  to  be  taken  by  all  School  Officers. 

I,  [naming  the  person]  do  solemnly  swear  (or 
affirm)  that  I  will  faithfully  and  impartially  discharge 
the  duties  of  the  office  of  [naming  the  office]  accord- 
ing to  the  best  of  my  abilities,  and  that  I  will  sup- 
port the  constitution  and  laws  of  this  State  and  the 
constitution  of  the  United  States,  so  help  me  God; 
(or,  This  affirmation  I  make  and  give  upon  the  peril 
of  the  penalty  of  perjury). 


3.     Certificate  of  Engagement  of  School  Officers. 

Town  of  A.  D.  18 

I  hereby  certify  that  personally  appeared 

before  me  and  took  an  oath  to  support  the  constitu- 
tion of  the  United  States,  the  constitution  and  laws 
of  this  State,  and  faithfully  to  discharge  the  duties 
of  the  office  of  school  committee  [or  clerk,  trustee, 
treasurer  of  school  district  No.  ,  as  the  case  may 
be]  so  long  as  he  continues  therein. 

A.  B.,  Justice  of  the  Peace, 
or  Notary,  as  the  case  may  be. 


4-     Form  for  Annulling  a  Certificate. 

To  the  trustees  of  school  districts  in  the  town  of 
and  all  others  whom  it  may  concern: 

Whereas,  the  school  committee  of  this  town  did,  on 
the  day  of  A.  D.  18        issue  to  of 


364  SCHOOL  MANUAL. 

a  certificate  of  qualification  as  a  teacher  in  the 
public  schools:  Now,  know  ye,  that  upon  further  ex- 
amination, investigation  and  trial,  the  said  has 
been  found  deficient  and  unqualified  [or  the  said 
has  refused  to  conform  to  the  regulations  made  by 
the  committee,  as  the  case  may  be},  and  we  do.  there- 
fore, by  the  authority  given  us  by  law,  declare  the 
said  certificate  to  be  annulled  and  void  from  this 
date,  of  which  all  persons  whose  duty  it  is  to  employ 
teachers  of  public  schools  are  hereby  requested  to 
take  notice. 

By  order  and  in  behalf  of  the  school  committee  of 
the  town  of 

Date.  Chairman  or  Clerk. 

NOTE.  If  a  complaint  is  made  against  a  teacher,  it  will  be  imperative 
that  he  shall  be  notified  for  at  least  five  days  before  a  decision  on  his  case. 
And  notice  of  the  annulling  should  be  immediately  given  to  the  trustees  of 
the  district,  and  generally,  in  order  to  prevent  his  being  again  employed. 


5.    Memorandum  of  Contract  with  a  Teacher. 

This  agreement,  made  this  day  of  A.  D. 

18  between  A.  B.,  etc.  [trustee,  or  school  com- 
mittee, as  the  case  may  be],  of  on  the  one  part, 
and  X.  Y.?  of  on  the  other  part,  witnesses,  that 
the  said  X.  Y.  hereby  agrees  to  teach,  for  the  com- 
pensation herein  mentioned,  the  school  in  and 
for  said  district  [or  town],  at  [specify  the  build- 
ing, if  desired],  for  the  term  of  months  [or 
weeks]  commencing  and  ending  and  the 
said  X.  Y.  further  engages  to  exert  the  utmost  of  his 
ability  in  conducting  said  school,  and  improving  the 
education  and  morals  of  the  scholars ;  to  keep  such 


FORMS  RELATING  TO   PUBLIC  INSTRUCTION.          365 

registers  and  make  such  returns  to  the  trustees  and 
to  the  school  committee  as  may  be  required  of  him, 
and  in  all  respects  to  conform  to  all  such  regulations 
for  the  government  of  said  school  as  may  be  made  by 
the  school  committee  of  said  town,  and  to  the  pro- 
visions of  the  laws  regulating  public  schools.  And 
in  case  the  certificate  of  qualification  of  said  X.  Y. 
should  be  annulled,  or  if  he  shall  not  keep  the  regis- 
ter and  make  return,  as  aforesaid,  or  should  violate 
such  regulations  as  aforesaid,  this  agreement  from 
thenceforth  shall  be  of  no  effect.  And  the  said  [com- 
mittee, trustee  or  agent]  agree  to  pay  the  said  X.  Y. 
therefor  at  the  rate  of  per  month  [or  per  week], 

to  be  paid  at  the  end  of  each  month  [or  term]  out  of 
the  school  money  by  law  appropriated  to  said  dis- 
trict, and  the  legal  assessments  which  may  be  made, 
and  in  no  event  out  of  the  private  property  of  the 
contractor.  And  it  is  further  agreed,  that  the  pos- 
session of  the  schoolhouse  and  its  appurtenances  shall 
<it  all  times  be  considered  as  being  in  the  trustees 
[or  school  committee]. 

[L.  s.]     Witness  our  hands  and  seals  hereto,  the* day 
first  above  mentioned. 


Sealed  and  executed 
in  presence  of 


•6.     Notice  of  a  Meeeting  of  a  District  called  by  the 
School  Committee. 

Notice  is  hereby  given  that  there  will  be  a  meeting 
•of  the  legal  voters  of  school  district  No.  in  the 


366  SCHOOL  MANUAL. 

town  of  at  the   schoolhouse   in  said  district 

[if  no  schoolhouse,  then  the  school  committee  must 
appoint  a  place],  at  o'clock  P.  M.,  on 

the  day  of  A.  D.  18        for  the  purpose 

of  organizing  said  district,  of  electing  officers  for  said 
district  for  the  ensuing  year,  of  considering  the  ex- 
pediency of  building  [or  repairing]  the  schoolhouse 
in  said  district,  and  laying  a  tax  on  the  ratable  prop- 
erty of  the  district  therefor,  and  of  transacting  any 
other  business  which  may  lawfully  come  before  said 
meeting. 

By  order  and  in  behalf  of  the  school  committee  of 
said  town. 

Date.  Chairman,  or  Clerk. 


7.     Notice  of  Annual  District  Meeting. 

To  the  legal  voters  of  school  district  No.        of  the 
town  of  .    The  annual  meeting  of  for  the 

choice  of  officers  and  the  transaction  of  any  other 
business  which  may  lawfully  come  before  it,  will  be 
held  at  on  the  day  of  A.  D.  18 

at        o'clock  P.  M. 

Date. 

Trustee  or  Trustees. 


8.     Notice  of  Special  Meeting. 

A  Special  meeting  of  the  legal  voters  of  school  dis- 
trict No.  in  the  town  of  will  be  held  at 
the  district  schoolhouse,  on  the  day  of 


FORMS  RELATING  TO   PUBLIC  INSTRUCTION.         367 

A.  D.  18        at  o'clock  P.  M.,  for  the  purpose 

of  [here  insert  every  object  that  is  to  be  brought  be- 
fore the  meeting]. 

(Signed)  A.  B.,  Trustee. 

NOTE.  All  notices  of  district  meetings  must  be  posted  in  two  or  more 
public  places,  or  published  in  some  newspaper,  for  at  least  five  days  before 
the  meeting.  That  is,  a  notice  for  a  meeting  on  a  Saturday  must  be  posted 
the  preceding  Monday.  If  called  by  the  trustees  at  the  request  of  five 
qualified  voters,  the  notice  should  be  posted  within  two  days  from  the  time 
the  request  was  made.  Care  should  always  be  taken  to  preserve  evidence 
of  the  proper  notification  of  the  meeting.  Every  notice  should  be  dated, 
and  signed  only  by  the  committee,  trustee,  or  clerk. 


9.     Form  of  Request  to  be  made  by  five  Legal  Voters 

of  a  School  District  to  the  Trustees  for  the 

calling  of  a  Special  Meeeting. 

To  the  Trustees  of  School  District  No. 

The  undersigned,  legal  voters  of  school  district  No. 
of  the  town  of  request  you,  in  pursuance 

of  the  school  law,  to  call  a  special  meeting  of  said 
district,  for  the  purpose  of 

Dated  this  day  of  A.  D.  18 

(Signed) 


10.     Commencement  of  District  Records. 

For  first  meeting.     At  a  meeting  of  the  legal  voters 
of  school  district  No.        of  the  town  of  called 

by  the  school  committee  of  said  town,  and  duly  noti- 
fied as  the  law  requires  [here  in  some  cases  it  may  be 
advisable  to  state  particularly  how  the  notice  was 
given],  and  held  according  to  notice  at  the  district 


368  SCHOOL   MANUAL. 

sclioolhouse  [or  as  the  case  may  be],  on  the  day 

of  A.  D.  18      at  o'clock  P.  M. 

For  annual  meeting.  At  the  annual  meeting  of  the 
legal  voters  of  school  district  No.  of  the  town 
of  duly  notified  by  the  trustees  of  said  district 

as  the  law  requires  [in  some  cases  specify  as  above], 
and  held  according  to  notice  at  the  district  school- 
house  [or  as  may  be],  on  the  day  of  A.  D. 
18  at  o'clock  P.  M. 

For  special  meeting.     At  a  special  meeting  of  the 
legal  voters  of  school  district  No.          of  the  town  of 
held  (or  in  pursuance  of  an  application  to  the 
trustees)  at  on  ,  which  meeting  was  duly 

notified  by  the  trustees  of  said  district  as  the  law 
requires: 

For  adjourned  meeting.     At  a  meeting  of  the  legal 
voters  of  ^  school  district  No.         of  the  town  of 
held  according  to  adjournment  (from   the  day 

of  ,  18      ,)  at  on 


11.     Records  of  the  Choice  of  Officers,  etc. 

The  following-named  persons  were  chosen  to  the 
•offices  set  against  their  respective  names,  viz. : 

C.  I).,  Clerk.  A.  B.,  Moderator. 

Or,  instead  of  the  above,  say — 

Voted,  that  A.  B.  be  appointed  moderator  of  this 
meeting. 


FORMS   RELATING  TO   PUBLIC   INSTRUCTION.          369 

Voted,  that  C.  D.  be  appointed  clerk  [or  trustee, 
treasurer,  etc.],  of  this  district  [or  in  place  of  O.  P., 
resigned,  etc.,  if  such  be  the  case].  • 

The  clerk  then,  in.  presence  of  the  meeting,  took 
the  oatli  of  office  in  the  form  prescribed  in  chapter  25, 
section  5,  of  the  General  Laws,  administered  by  E. 
F.,  Esq.,  moderator  [or  notary  public,  justice  of  the 
peace,  or  town  clerk,  as  the  case  may  be]. 

It  was  moved  by  A.  B.,  and  seconded  by  C.  I)., 
that  and  after  discussion  the  question  was  put 

and  the  motion  was  adopted,  (or  rejected). 


12.     Vote  of  District  to  devolve  care  of  School  on 
School  Committee. 

Voted,  (if  the  school  committee  of  this  town  con- 
sent thereto  and  accept  thereof),  that  all  the  powers 
and  duties  of  this  district,  and  of  the  trustees  thereof, 
relating  to  keeping  public  schools  in  this  district  be, 
and  they  are  hereby,  devolved  on  said  school  commit- 
tee, until  this  district  shall  choose  a  new  trustee  or 
trustees,  or  shall  otherwise  legally  direct. 

NOTE.    A  copy  of  this  vote,  with  a  proper  heading,  ""At  a  meeting  of," 
etc.,  attested  by  the  clerk,  should  be  furnished  to  the  committee. 


13.     Vote  of  District  to  build  Schoolhouse. 

Voted,  that  a  schoolhouse  be  erected  at  or  upon 
for  the  use  of  the  public  schools  in  this  dis- 
trict, and  that  be  a  committee  to  cause  the 


370  SCHOOL  MANUAL. 

same  to  be  erected,  the  said  committee  first  procuring 
the  plans  and  specifications  for  the  building,  to  be 
approved  by  the  committee  of  the  town,  according  to 
law,  and  that  the  said  shall  have  full  power, 

in  the  name  and  behalf  of  the  district,  to  sign,  seal 
and  execute  any  contracts  which  may  be  necessary, 
to  carry  out  this  vote,  to  superintend  the  execution 
of  said  contracts,  and  to  do  any  other  matter  or  thing 
which  may  be  necessary  to  carry  out  this  vote. 

NOTE.    The  location  (unless  before  made)  must  be  made  by  the  school 
committee. 


14.     Form  of  Contract  to  build  Schoolhouse. 

Articles  of  agreement  made  and  executed  on  the 
day  of  A.  D.  18      between  A.  B.,  of  on 

the  one  part,  and  school  district  No.  of  the 

town  of  county  of  State  of  on  the 

other  part. 

The  said  A.  B.,  for  himself,  his  heirs,  executors,  and 
administrators,  doth  hereby  covenant  and  agree  with 
the  said  school  district  No.  and  their  assigns,  that 
he,  the  said  A.  B.,  his  heirs,  executors,  and  adminis- 
trators, for  the  considerations  herein  expressed,  shall 
and  will,  within  the  space  of  months  from  the 

date  hereof,  erect,  build,  and  completely  cover  over 
and  finish  upon  [here  describe  the  lot],  and  upon 
such  spot  in  said  lot  as  said  school  district  or  their 
proper  officers  may  direct,  a  house,  outbuildings,  and 
fences,  for  the  purpose  of  a  district  schoolhouse  and 
appendages,  according  to  plans,  elevation,  and  speci- 
fications more  particularly  expressed  in  a  schedule 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.         371 

hereto  attached  and  signed  by  said  parties,  and  which 
is  hereby  made  part  and  parcel  of  this  agreement; 
and  also  shall  and  will  perform  and  execute  all  the 
works  mentioned  in  the  said  plans  and  specifications, 
and  in  the  manner  therein  mentioned,  and  within  the 
time  aforesaid;  and  also  shall  and  will  furnish  and 
provide  at  his  own  charge,  good  and  sufficient  mater- 
ials of  the  sorts  and  quality  expressed  in  said 
schedule,  and  all  such  other  materials  as  may  be  nec- 
essary for  the  erecting  and  fully  completing  the 
house,  outhouses,  and  fences  aforesaid,  according  to 
the  plans  and  specifications  aforesaid. 

And  it  is  further  agreed  between  said  parties,  that 
if  the  said  A.  B.,  his  heirs,  executors,  or  administra- 
tors, shall  not,  within  the  space  of  time  above  men- 
tioned, finish  and  complete  all  said  works  as  afore- 
said, then  said  school  district,  or  their  agent,  may  go 
on  and  complete  said  works,  at  the  cost  and  charge 
of  the  said  A.  B.,his  heirs,  executors,  and  adminis- 
trators, and  may  deduct  the  same  from  the  compen- 
sation herein  agreed  to  be  paid  for  said  buildings  and 
works;  and  the  said  A.  B.,  his  heirs,  executors,  and 
administrators,  shall  also  be  liable  for  any  other 
damages  incurred  by  said  district  by  said  failure,, 
and  shall  also  be  liable  to  said  district  for  any  dam- 
ages incurred  by  any  other  unreasonable  delay  in 
completing  the  works  aforesaid. 

And  the  said  school  district  No.  doth  hereby 
covenant  and  agree  with  the  said  A.  B.,  his  heirs, 
executors,  administrators,  and  assigns,  that  the  said 
school  district  shall  and  will  pay  to  the  said  A.  B., 
his  executors,  administrators,  or  assigns,  the  sum  of 
dollars,  as  full  compensation  for  his  services 
in  building  and  completing  said  works  ;  said  sum  to 


372  SCHOOL  MANUAL. 

be  paid   within  days  after  the   completion   of 

said  works,  as  aforesaid,  (or,  in  case  that  the  money 
is  to  be  paid  in  installments,  specify  the  times  and 
amounts  and  conditions). 

And  it  is  further  agreed,  that  if  said  school  district 
or  their  agents  shall  direct  any  more  work  to  be  done 
upon  or  around  said  buildings  than  is  hereinbefore 
agreed,  the  said  district  shall  pay  the  expense  there- 
of, in  addition  to  the  compensation  aforesaid.  And 
if  said  district  or  their  agents  shall  direct  any  part  of 
the  work  hereinbefore  agreed  to  be  done  and  expressed 
in  said  schedule  to  be  omitted  or  diminished,  then 
there  shall  be  deducted  from  said  compensation  a  rea- 
sonable sum,  according  to  the  proportion  said  work 
omitted  may  bear  to  the  work  herein  first  agreed  to 
be  done.  And  said  district  or  their  proper  agents 
shall  have  a  right  to  direct  any  additions  or  omissions 
as  aforesaid,  and  the  party  of  the  other  part  shall  be 
bound  to  comply  with  and  perform  the  said  directions. 

[Clause  to  refer  to  arbitration.] 

And  lastly,  it  is  hereby  agreed  between  the  parties 
aforesaid,  that  if  any  dispute  shall  happen  between 
the  said  district  or  its  agents,  and  the  said  A.  B.,  his 
heirs,  executors,  administrators,  or  assigns,  in  rela- 
tion to  the  buildings  herein  agreed  to  be  erected, 
work  to  be  done,  the  payment  of  the  money,  or  con- 
cerning the  value  and  expense  of  any  work  directed 
to  be  added  or  omitted  as  hereinbefore  mentioned,  or 
concerning  any  other  matter  or  thing  whatever,  re- 
lating to  the  construction  of  this  agreement,  or  the 
amount  of  any  damages  claimed  by  either  party 
under  its  provisions,  or  for  any  alleged  violation 


FOIIMS   RELATING   TO   PUBLIC   INSTRUCTION.         373 

thereof,  then  in  such  case  such  dispute  shall,  upon 
the  demand  of  either  party,  be  left  to  the  award  and 
determination  of  three  indifferent  persons,  one  to  be 
appointed  in  writing  by  each  of  said  parties,  immedi- 
ately thereafter,  and  a  third  to  be  appointed  in  writ- 
ing by  the  two  persons  so  first  named.  And  the  said 
parties  hereby  covenant  and  agree  with  each  other, 
that  they  will  severally  abide  by,  perform,  and  keep 
the  award  and  determination  of  the  said  three  persons, 
or  any  two  of  them,  touching  said  disputes,  provided 
said  award  be  made  under  the  hands  and  seals  of 
said  arbitrators  or  any  two  of  them,  within 
from  the  time  of  said  reference. 

In  testimony  whereof,  the  said  A.  B.  hath  hereto 
set  his  hand  and  seal,  and  said  school  district 
No.  have  hereto  affixed  their  seal  b}^  the 
hand  [or  hands]  of  duly  authorized  for 

that  purpose,  who  hath  [or  have]  hereto  also  set 
his  [or  their]  own  hand  [or  hands.] 

A.  B.  [L.  s.] 

Xames  of  committee  or  agents.     [L.  s.] 

Sealed  and  delivered 
in  presence  of  [L.  s.] 

NOTE.  If  the  district  wishes  a  surety  for  the  performance  of  a  contract 
of  A.  B.,  it  may  be  taken  by  a  bond,  conditioned  for  the  performance  by  A . 
B.  of  the  covenants  and  agreements  in  an  instrument  dated  [and 

then  briefly  describe  it.] 


15.     Record  of  a  Vote  of  District  to  Tax. 

> 
At  the  annual  meeting  of  the  legal  voters  of  school 

district  No        of  the  town  of  held  at 

on  according  to  legal  notice  issued  and  signed 

32 


374  SCHOOL   MANUAL. 

by  and  posted  up  at  for  the  five  days 

previous  required  by  law  [or,  at  a  special  meeting 
of,  etc.,  called  by,  etc.] 

Whereas,  this  district  has  voted  to  build  a  school- 
house  in  and  for  said  district  [or,  to  repair  the  dis- 
trict schoolhouse,  or  whatever  the  cause  may  be], 

Voted,  that  for  the  purpose  of  defraying  the  ex- 
pense thereof,  a  tax  of  the  sum  of  dollars  [or  of 
cents  on  the  hundred  dollars]  be  assessed  upon, 
levied,  and  collected  from  the  ratable  property  in  this 
district,  in  manner  provided  by  law,  [or,  according  to 
the  estimate,  apportionment,  and  value  which  shall 
be  affixed  to  said  ratable  estates  in  the  assessment 
and  tax  bill  of  this  town  which  shall  next  be  com- 
pleted after  the  date  of  this  vote]. 

NOTE.  The  above  form  is  a  proper  one  to  submit  to  the  committee  for 
their  approval.  It  should  be  signed  by  the  clerk  of  the  district. 

In  case  nothing  is  said  about  valuation,  the  law  directs  the  tax  to  be 
assessed  on  the  last  previous  town  valuation.  If,  however,  the  district 
wishes  it  assessed  on  the  next  valuation,  it  can  be  done  by  including  the 
last  clause. 

Cautions  for  district  meetings  about  to  assess  a  tax. 

If  there  is  any  doubt  about  the  boundaries  of  the  district,  have  them  de- 
fined by  the  committee. 

Have  the  meeting  notified  for  the  proper  length  of  time,  the  notices  put 
up  as  required,  and,  if  the  meeting  is  a  special  one,  let  the  notice  express 
clearly  the  object  of  the  meeting,  and  evidence  of  the  notice  should  be 
preserved. 

See  that  only  taxpayers  vote  on  the  proposition. 

Have  all  the  officers  properly  engaged.  Specify  the  amount  or  rate  of 
tax.  and  when  to  be  collected. 

The  district  may  give  the  collection  to  the  regular  collector,  if  there  be 
one,  or,  if  there  be  none,  may  appoint  a  collector,  or  may  vote  to  have  it 
collected  by  the  town  collector. 

The  district  need  not,  but  may,  require  bonds  of  the  collector  or  treas- 
urer ;  if  they  do  they  should  fix  the  sum  and  approve  the  sureties. 

They  should  agree  with  the  collector  for  his  fees,  otherwise  he  will  be  en- 
titled to  five  per  cent. 

They  may  offer  a  deduction  to  those  who  pay  on  or  before  a  specified 


FORMS   RELATING  TO   PUBLIC  INSTRUCTION.         375 

time,  and  may  impose  a  percentage  on  those  who  do  not  pay  until  after 
such  time. 

The  location  of  the  house,  the  plan  of  the  house  or  repairs,  and  the 
amount  of  the  tax,  must  all  be  approved  by  the  school  commitee  before  a 
tax  therefor  is  collectible. 


16.     Form  of  a  Tax  Bill. 

Assessment  of  the  taxes  upon  the  ratable  estates  in 

school  district  No.       of  the  town  of          made  by  the 

trustees  thereof,  according  to  law,  this  day  of 

A.  D.  18      according  to  a  vote  of  said  district, 

passed  on  the  day  of  A.  D.  18 


Names. 


Real. 


Personal.    I  Total. 


Tax. 


NOTE.  The  trustees  must  sign  the  tax  bill.  The  real  and  personal  lists 
must  be  kept  separate.  If  the  town  assessors  are  applied  to,  they  should 
make  a  certificate  of  their  doings  to  the  trustees,  and  it  would  be  well  for 
them  to  attach  this  certificate,  or  a  copy  of  it,  to  the  tax  bill  or  assessment. 


17.     Warrant  to  Collect  a  Tax. 

To  A.  B.,  collector  of  taxes  of  school  district  No. 
of  the  town  of  county  of  and  State  of 

Rhode  Island  and  Providence  Plantations  :  — 

GREETING. 

You,  having  been  appointed  collector  of  taxes  for 
said  district,  are  hereby,  in  the  name  of  said  State, 
authorized  and  required  to  proceed  and  collect  the 
tax  specified  in  the  annexed  rate  bill,  according  to 
law,  and  to  pay  the  same  to  the  treasurer  of  the  dis- 


376  SCHOOL  MANUAL. 

trict,  or  to  his-  successor  in  office,  and  for  so  doing 
this  shall  be  your  sufficient  warrant. 

Given  under  my  hand  and  seal,  at  this 

day  of  A.  D.  18 

C.  D.  [L.  s.] 

Trustee  of  school  district  No. 
Town  of 

NOTE.  The  trustee  must  issue  and  sign  this  warrant  in  addition  to  the 
tax  bill  as  above.  The  collector  should  also  receive  from  the  district  clerk 
a  warrant  or  formal  certificate  of  election,  which  may  be  in  substance 
according  to  the  form  No.  1,  and  then  his  engagement  can  be  certified  upon 
the  back. 

If  a  bond  is  required  the  district  should  approve  the  sum  and  sureties  of 
the  bond,  and  the  clerk  should  certify  the  fact  thereon. 

If  the  town  collector  is  appointed  to  collect  the  tax,  the  above  will  need 
to  be  changed  in  the  first  line  by  striking  out  the  words  "of  school  district 
No.  "  and  in  the  fourth  line  by  striking  out  the  words  "for  said  district" 
and  inserting  the  words  "by  school  district  No.  of  said  town." 


18.     District  Treasurer's  Bond. 

Knowr  all  men,  that  we,  A.  B.,  of  county  of 

and   State   of  Rhode  Island   and   Providence 
Plantations,  as  principal,  and  C.  D.,  of  county 

of  and  State  aforesaid,  as  surety  [or  sureties 

to  the  satisfaction  of  the  district],  are  firmly  held  and 
bound  unto  the  school  district  No.  of  the  town 
of  said  State  aforesaid,  in  the  full  sum  of  [to  be 

fixed  by  the  district]  to  be  paid  to  the  said  school  dis- 
trict or  their  assigns,  to  which  we  hereby  jointly  and 
severally  bind  ourselves,  our  several  and  respective 
heirs,  executors,  and  administrators. 

Sealed  and  dated  the  day  of  A.  D.  18 

The  condition  of  the  foregoing  obligation  is,  that 
whereas   the  said  A.  B.   was,  at  a  meeting  of  said 


FORMS  RELATING  TO   PUBLIC  INSTRUCTION.         377 

school  district,  holden  ,  appointed  treasurer  of 

said  district.  Now,  if  lie  shall  faithfully  discharge 
the  duties  of  said  office  during  his  continuance  therein, 
and,  at  the  expiration  of  his  office,  he  or  his  executors 
or  administrators  shall  exhibit  a  true  account,  if  re- 
quired, and  deliver  over  to  his  successor,  or  the  order 
of  the  district,  all  books,  papers,  and  moneys  belong- 
ing to  the  district,  in  his  hands,  then  the  above  obli- 
gation is  to  be  void,  otherwise  to  remain  in  force. 

Executed  in  presence  of 

Witness.  A.  B.  [L.  s.] 

C.  D.  [L.  s.] 

NOTE.  It  may  be  advisable  for  the  treasurer  to  receive  a  formal  certifi- 
cate of  appointment,  or  warrant,  and  then  his  engagement  can  be  endorsed 
upon  it.  The  above  bond  need  not  be  given  unless  the  district  require  it. 


19.     District  Collector's  Bond. 

Know  all  men,  that  we,  A.  B.,  of  State  of 

Rhode  Island  and  Providence  Plantations,  as  princi- 
pal, and  C.  D.,  of  as  surety  (or  sureties),  are 
firmly  held  and  bound  unto  E.  F.,  of  ,  treasurer 
of  school  district  No.  in  the  town  and  State 
aforesaid,  in  the  full  sum  of  [to  be  fixed  by  the  dis- 
trict, not  exceeding  double  the  tax]  to  be  paid  to 
said  his  successors  in  said  office,  or  assigns, 
to  which  we  jointly  bind  ourselves,  our  several  and  re- 
spective heirs,  executors,  and  administrators. 
Sealed  and  dated  this  day  of  A.  D.  18 
The  condition  of  this  obligation  is,  that  whereas 
the  said  A.  B.  was,  at  a  meeting  of  the  legal  voters  of 
school  district  No.  of  the  town  of  appointed 
collector  of  the  rates  and  taxes  assessed  and  to  be 

82* 


378  SCHOOL   MANUAL. 

assessed  in,  by,  and  upon  said  district,  and  the  said 

A.  B.  lias  accepted  said  office  ;  and  whereas  said  dis- 
trict on  the  day  of  A.  D.  IS        voted  that 
a  tax  of            be  assessed  on  all  the  ratable  property 
in  said  district,  for  the  purpose  of  and  said  tax 
has  been  legally  assessed,  and  the  trustee  of  said  dis- 
trict hath  issued  his  warrant  to  said  collector,  with 
said  rate  bill  annexed,  for  the  collection  of  said  tax, 
the  receipt  of  which  said  rate  bill  and  warrant  is 
hereby  acknowledged,  and  by  which  said   warrant 
said  tax  is  to  be  collected  and  paid  over,  on  or  before 
the            day  of            A.  D.  18        Now  if  the  said  A. 

B.  shall  faithfully  perform  and  discharge  said  office 
and  trust,  and  with  diligence  and  fidelity  levy  and 
collect,  as  far  as  may  be  done,  all  the  taxes  that  have 
been,  or  may  be,  so  committed  to  him  for  collection, 
during  his  continuance  in  office,  arid  he,  his  heirs,  exe- 
cutors, or  administrators  shall,  at  all  times  on  proper 
demand,  render  an  account  and  pay  over  all  the  pro- 
ceeds of  such  collections  to  the  treasurer  of  said  dis- 
trict, or  his  successors  in  office,  according  to  the  di- 
rections contained  in  the  warrants  for  their  collection, 
then  this  obligation  is  to  be  void,  otherwise  to  remain 
in  force. 

Executed  in  presence  of 

Witness.  A.  B.  [L.  s.] 

C.  D.  [L.  s.] 

NOTE.  The  district  collector  need  not  give  bond  unless  required,  but  the 
law  requires  the  town  collector  to  give  a  bond  satisfactory  to  the  school 
committee.  The  above  form  can  be  readily  changed  so  as  to  render  it  suita- 
ble in  case  of  the  town  collector. 


FORMS   RELATING  TO   PUBLIC   INSTRUCTION.         379 


20.     Form  of  Tax  Collector's  Deed. 

.*• 

To  all  to  whom  these  presents  may  come.     I,  A.  B., 
of  county  of  and  State  of  Rhode  Island 

and  Providence  Plantations,  collector  of  taxes  of 
school  district  No.  in  said  town,  send  greet- 


Whereas  said  school  district  No.  at  a  meet- 

ing duly  notified,  and  held  on  the  day  of 

A.  D.  18        voted  that  a  tax  of  dollars  be  as- 

sessed on  the  ratable  property  in  said  district,  for  the 
purpose  of  and  said, tax  was  afterwards,  viz.: 

on  the  day  of  A.  D.  18        assessed  accord- 

ing to  law,  and  the  tax  bill  in  due  form  delivered  to 
me  the  said  collector,  with  a  warrant  attached  there- 
to, signed  by  the  trustees  of  said  district,  requiring 
me  to  proceed  according  to  law  and  collect  the  said 
tax,  and  pay  over  the  same  to  the  treasurer  of  the 
district,  or  to  his  successor  in  office,  and  whereas  C. 
D.,  of  neglected  to  pay  the  tax  assessed  against 

him,  and  expressed  in  the  said  tax  bill,  amounting  to 
the  sum  of  dollars,  and  in  consequence  thereof, 

I  did  on  the  day  of  levy  said  warrant  upon 

a  certain  lot  or  tract  of  land  belonging  to  said  C.  D., 
in  said  district,  and  did  advertise  the  same  for  sale 
according  to  law,  at  two  [or  more]  public  places  in 
said  town,  for  twenty  day  previous  to  sale  [and  also 
in  the  newspaper  printed  in  ],  and  on  the 

day  of  A.  D.  18        at  o'clock  in  the 

noon,  on  the  premises,  being  the  time  and 
place  appointed,  I  proceeded  to  sell  at  auction  so 
much  of  said  land  as  was  necessary  to  satisfy  said 


380  SCHOOL   MANUAL. 

tax  and  the  incidental  expenses,  and  E.  F.,  of 
was  the  highest  bidder  therefor. 

Now,  know  ye,  that  in  consideration  of  the  sum  of 
dollars,  being  the  amount  of  said  tax  and  ex- 
penses paid  me  by  the  said  E.  F.,  I,  the  said  collector, 
do  hereby  give,  grant,  bargain,  sell  and  convey  unto 
the  said  E.  F.,  his  heirs  and  assigns,  all  the  right, 
title  and  interest  which  said  C.  D.  had  at  the  time  of 
assessing  said  tax,  in  and  to  the  following  described 
tract  of  land,  situated  in  the  district  and  town  afore- 
said, containing  acres  [more  or  less],  and  bounded 
[describe,']  or  however  otherwise  bounded,  with  all 
[buildings]  and  appurtenances,  being  so  much  of  said 
land  of  the  said  C.  D.  levied  on  as  was  necessary  to 
satisfy  said  tax  and  expenses ;  to  have  and  to  hold 
the  same  to  said  E.  F.,  his  heirs  and  assigns  forever, 
subject  to  the  right  of  redemption  provided  by  law. 
And  I,  the  said  A.  B.,  for  myself,  my  heirs,  execu- 
tors, and  administrators,  do  covenant  with  said  E.  F., 
his  heirs  and  assigns,  that  I  [have  given  bond  and] 
have  advertised  said  property  as  hereinbefore  stated, 
and  have  complied  with  the  terms  of  the  law  regulat- 
ing the  collecting  of  taxes,  in  respect  to  said  sale,  as 
hereinbefore  stated. 

Witness  my  hand  and  seal,  this  day  of 

A  D.  18 

A.  B.  [L.  s.] 

Signed,  sealed,  and  delivered 
in  presence  of 

Town  of,  etc.,  A.  D.  18         Before  me,  the  sub- 

scriber, appeared  A.  B.,  collector  of  taxes  of  school 
district   No.         of   the   town   of  and   acknowl- 


FORMS   RELATING  TO   PUBLIC   INSTRUCTION.         381 

edged  the  foregoing  to  be  his  free  act  and  deed,  and 
his  hand  and  seal  to  be  thereunto  affixed. 

O.  P. 
Justice  of  the  Peace,  Notary  Public,  or  Town  Clerk. 

NOTE.  In  case  where  town  collector  acts,  the  only  change  in  the  above 
will  be  in  the  third  line,  by  dropping  the  words  '"  of  school  district  No.  " 
In  case  of  unimproved  lands  owned  by  persons  out  of  the  State,  and  also  of ' 
improved  lands  when  neither  the  owner  nor  occupant  lives  in  the  State, 
notice  of  the  sale  must  be  given  twenty  days  in  a  newspaper.  The  pur- 
chaser under  a  tax  collector's  deed  should  see  that  the  law  has  been  com- 
plied with,  and  that  his  evidence  of  advertising  is  preserved. 


21.     Form  of  a  Lease. 

These  articles  of  agreement  made  this  day  of 

A.  D.  18      witness  that  A.  B.,  of  doth 

hereby  demise  and  let  unto  the  school  district  No. 
of  the  town  of  [describe  the  room  or  building]  with 
the  appurtenances,  in  consideration  of  the  rents  and 
covenants  by  said  school  district  herein  mentioned 
to  be  performed,  to  have  and  hold  "the  same  to  the 
said  school  district  and  their  assigns  for  the  space 
of  year,  commencing  on  the  day  of 

A.  D.  18        and  ending  on  the  day  of 

A.  D.  18  for  the  purpose  of  keeping  a  district 
school  therein,  and  holding  such  schools  or  lectures 
or  other  literary  meetings,  or  meetings  of  business, 
as  the  school  committee  or  the  officers  of  said  dis- 
trict may  deem  advisable  for  promoting  the  cause  of 
education.  And  the  said  district  agrees  to  pay  there- 
for the  sum  of  per  annum  as  rent,  and  at  that 
rate  for  any  less  time  than  a  year,  the  payment  to  be 
made  to  the  said  A.  B.,  his  heirs  or  assigns,  at  his 
residence,  on  the  last  day  of  the  year  [or  on  the  last 


382  SCHOOL   MANUAL. 

day  of  each  year  in  the  term],  without  any  notice 
or  demand  therefor  [provisions  about  repairs,  loss  by 
fire,  etc.,  may  be  here  inserted], 

Witness  the  hand  and  seal  of  said  A.  B.,  and  the 
seal  of  the  said  district  hereto  affixed  by  ,  by 

said  district  duly  authorized,  the  day  and  year  first 
#,bove  mentioned. 

Sealed  and  executed 
in  presence  of 

[L.  8.] 


•22.     Vote  to  take  a  Lease. 

The  district  may  authorize  a  person  to  execute  a 
lease  for  them  by  a  vote  as  follows: 

Voted,  that  the  trustees  of  the  district  \or  treas- 
urer] be  and  they  are  hereby  fully  empowered  to 
hire  for  the  purposes  of  a  schoolhouse  for  the  dis- 
trict [here  specify  the  building,  and  fix  the  time  and 
•conditions  or  leave  them  at  discretion],  and  to  make 
and  execute  the  necessary  contracts  therefor,  and  to 
seal,  deliver,  and  acknowledge  the  same  in  the  name 
-and  behalf  of  the  district. 

NOTE.  If  the  above  lease  is  to  be  acknowledged,"  see  the  form  of  ac- 
knowledgment to  No.  26. 

A  certified  copy  of  the  above  vote  should  be  given  by  the  district  clerk  to 
the  person  authorized  to  take  the  lease. 


FORMS   RELATING  TO   PUBLIC  INSTRUCTION.         383 


23.     Deed  to  a  School  District. 

Know  all  men,  that  I,  A.  B.,  of  in  the  State  of 
Rhode  Island  and  Providence  Plantations,  in  con- 
sideration of  the  sum  of  paid  me  by  C.  D.r 
treasurer  of  school  district  No.  in  the  town  of 
and  State  aforesaid,  the  receipt  of  which  I  acknowl- 
edge, and  am  therewith  fully  satisfied  and  paid  [if  a 
gift,  say,  in  consideration  of  my  desire  to  aid  and  as- 
sist in  diffusing  the  benefits  of  a  good  common 
school  education  among  the  inhabitants  of  school 
district  No.  etc.,  as  the  grantor  pleases]  do  hereby 
give,  grant,  enfeoff,  convey,  and  confirm  unto  said 
school  district  and  their  assigns,  a  certain  lot  of  land 
situated  in  said  town  of  [describe]  or  however- 
otherwise  bounded,  with  all  the  appurtenances  and 
privileges  thereto  belonging,  to  have  and  to  hold  the 
same  forever  to  said  school  district  and  their  assign sr 
[but  if  there  is  a  desire  to  prevent  the  lot  ever  being 
used  for  any  other  purpose,  omit  assigns  and  say,  for 
the  purpose  of  maintaining  thereon  a  district  school- 
house  and  its  appurtenances,  for  the  benefit  of  the 
district  school  of  said  district,  and  for  no  other  use  or 
purpose  whatever].  And  I,  the  said  A.  B.,  do  hereby 
for  myself,  my  heirs,  executors,  and  administrators,, 
covenant  and  engage  to  and  with  said  school  district 
[and  their  assigns]  that  the  premises  are  free  of  all 
incumbrances,  and  I  have  good  right  to  sell  and 
convey  as  aforesaid,  and  that  I,  my  heirs,  executors,, 
and  administrators  shall  and  will  forever  warrant, 
secure,  and  defend  the  premises  to  said  school  dis- 
trict [and  their  assigns  or  to  and  for  the  purpose 
aforesaid],  against  the  lawful  claims  of  all  persons 


384  SCHOOL  MANUAL. 

whatsoever.  And  I,  E.  F.  wife  of  the  said  A.  B.,  for 
the  consideration  paid  my  said  husband,  hereby  re- 
lease unto  said  school  district  [and  their  assigns] 
all  my  right  of  dower  in  the  premises.  \_If  the  prem- 
ises are  under  mortgage,  a  release  may  be  here  in- 
serted.'] And  I,  G.  H.,  of  in  consideration  of 
the  sum  of  paid  to  me  by  to  rny  full  satis- 
faction, do  hereby  give,  grant,  bargain,  sell,  assign, 
and  convey  unto  said  school  district  [and  their 
assigns],  all  the  right,  title,  and  interest  which  I 
have  in  the  premises  by  virtue  of  any  mortgage  deed 
thereof  [or  of  any  other  claim  or  title  whatsoever.] 
In  witness  whereof  we  have  hereunto  set  our  hands 
and  seals  this  day  of  A.  D.  18 

[L.  8.] 

[L.S.] 

[L.  8.] 


Signed,  sealed,  and  delivered 
in  presence  of 

State  of  county  of  town  of  A.  D. 

18        This  da}7  personally  appeared  before  me 
and  acknowledged  the  foregoing  instrument  to  be 
voluntary  act  and   deed   and  hand  and 

seal  to  be  thereunto  affixed. 

Before  me,  O.  P.,  Justice  of  the  Peace,  Notary  Pub- 
lic, or  Town  Clerk  (if  executed  in  Rhode  Island). 

NOTE.  If  the  land  belongs  to  a  married  woman,  her  name  should  be  in- 
serted as  one  of  the  grantors,  and  the  deed  altered  accordingly.  She  must 
acknowledge  separately  from  her  husband.  Use  the  words  of  the  law  in 
the  certificate  of  acknowledgment.  See  General  Laws. 


FORMS   RELATING  TO   PUBLIC  INSTRUCTION.         385 

24.     Vote  appointing  an  Agent  to  sell  land  belonging 
to  the  District. 

At  a  meeting  of  the  legal  voters  of  school  district 
No.  of   the  town  of  etc.,   notified   as  the 

law  requires,  and  held  at  on  the  day  cf 

A.  D.  18 

Voted,  that  A.  B.,  treasurer  of  said  school  district, 
be  and  he  is  hereby  appointed  the  agent  and  attorney 
of  the  district,  to  sell  at  his  discretion,  [or  insert  the 
terms  or  condition]  a  certain  lot  of  land,  situated  in 
and  belonging  to  the  district,  containing  bounded 
with  the  buildings  and  appurtenances,  and 
with  full  power  to  affix  the  seal  of  the  district  to  a 
deed  or  deeds  conveying  the  same  [with  covenants  of 
warranty  or  not,  as  the  district  may  vote],  and  in  the 
name  of  the  district  to  acknowledge  and  deliver  the 
same,  and  receive  the  purchase-money,  and  give  a 
full  discharge  therefor. 

A  true  copy  of  record  :     Witness, 

E.  F.,  Clerk  of  said  District. 


25.     Deed  from  a  District. 

Know  all  men,  that  the  school  district  No.  of 

the  town  of  county  of  State  of  Rhode 

Island  and  Providence  Plantations,  in  consideration 
of  the  sum  of  paid  to  A.  B.,  treasurer  of  said 

-district,  to  and  for  the  use  of  said  district,  by  M.  N., 
of  the  receipt  of  which  is  hereby  acknowledged, 

does  hereby  give,  grant,  bargain,  sell,  and  convey  unto 
the  said  M.  N.,  his  heirs  and  assigns,  all  the  right, 

33 


386  SCHOOL    MANUAL. 

title,  and  interest  of  said  school  district,  in  and  to  a 
lot  of  land  situated  in  said  district,  containing 
bounded  or  however  otherwise  bounded,  with 

all  buildings  and  appurtenances,  being  the  same  lot 
conveyed  to  said  district  by  deed  of  H.  I.  To  have 
and  to  hold  the  same  to  said  M.  N.,  his  heirs  and  as- 
signs, forever.  In  testimony  whereof,  the  said  school 
district  have  hereunto  fixed  their  seal,  by  the  hands 
of  said  A.  B.,  their  treasurer,  duly  appointed  for  that 
purpose,  at  a  legal  meeting  of  said  district,  and  the 
said  treasurer  hath  hereunto  affixed  his  own  hand, 
this  day  of  A.  D.  18 

A.  B.,  Treasurer  [as  aforesaid.]         [L.  s.] 
Signed  and  sealed  in  presence  of 

A  cknowledgment. 

State  of  Rhode  Island  and  Providence  Plantations, 
county  of  town  of  A.  D.  18         The  school 

district  No.  of  said  town,  by  A.  B.,  their  treas- 

urer, agent,  and  attorney  for  that  purpose,  by  vote 
of  said  district  appointed,  acknowledged  the  fore- 
going to  be  their  voluntary  act  and  deed,  and  their 
seal  to  be  thereto  affixed  ;  and  the  said  A.  B.,  treas- 
urer and  attorney  as  aforesaid,  also  acknowledged 
his  own  hand  affixed  thereto,  and  that  the  same  was 
the  voluntary  act  and  deed  of  himself  and  of  the  said 
district. 

Before  me, 

P.  Q, 

Justice  of  the  Peace,  or  Notary  Public,  or  Town 
Clerk. 

NOTE.  It  will  seldom,  if  ever,  be  advisable  for  a  district  to  give  any- 
thing more  than  a  quit  claim  deed.  If  they  wish  to  insert  any  warranty,  it 
would  be  best  to  consult  a  well  informed  attorney. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.         387 


26.     Vote  to  hire  Money. 

Voted,  that  the  treasurer  of  this  school  district  be 
and  he  hereby  is  authorized  to  hire  dollars  for 

the  purpose  of  [here  specify  the  uses  to  be  made  of 
the  money^\  and  to  give  the  note  of  the  district  for 
the  same. 

NOTE.    If  any  instructions  as  to  rate  of  interest  or  time  are  to  be  given 
they  should  be  inserted  immediately  after  the  word  "dollars." 


27.     District  Note. 


R.  I.,  18 

For  value  received  school  district  No.  of  the 

town  of  of  the  county  of  and  State  of 

Rhode  Island,  promises  to  pay  A.  B.,  or  order, 
dollars  on  demand  [or  if  a  time  note,  state  the  time] , 
with  interest,  at  per  cent,  per  annum,  in   ac- 

cordance with  the  vote  of  said  district,  passed  at  a 
meeting  held  on  the  day  of  A:  D.  18 

C.  D.,  Treasurer. 


28.     Vote  Prescribing  Form  of  District  Seal. 

Voted,  That  the  clerk  of  the  district  cause  to  be 
made  a  seal  for  the  use  of  the  district,  with  the  figure 
of  engraven  thereon,  and  the  letters  or  inscrip- 

tion around  its  margin,  and  that  the  same  is 

hereby  adopted,  and  declared  to  be  the  common  seal 


388  SCHOOL  MANUAL. 

of  this  corporation,  and  shall  be  kept  by  the  clerk  of 
the  district. 

NOTE.  Every  town,  district,  or  other  corporation,  shall  have  a  common 
seal,  with  a  suitable  device;  but  if  they  have  no  regular  seal,  any  seal  may 
be  affixed  to  any  instrument  by  their  authority;  for  instance,  a  piece  of 
paper  attached  by  a  wafer  will  be  considered  to  be  their  seal. 


29.     Order  on  School  Fund, 

To  treasurer  of  the  town  of 

Pay  to  on  account  of  school  district  No. 

of  this  town,  or  order,  the  sum  of  for 

By  order  of  the  school  committee  of  the  town. 

Chairman  or  Clerk. 
Date. 

NOTE.    No  order  can  legally  be  given  on  the  town  treasurer  except  in 
payment  for  services  rendered  or  expenses  actually  incurred. 


30.     Vote  of  School  Committee  to  form  Joint  District. 

Voted,  [the  school  committee  of  the  town  of 
concurring  herewith]  that  a  joint  district  be  formed 
according  to  the  provisions  of   the  acts  relating  to 
public  schools,  to  consist  of  school  district  No. 
of  this  town,  and  school  district  No.          of  said  town 
of  and  that  said  districts  shall  constitute  a  joint 

district  from  the  time  that  the  school  committee  of 
said  town  of  shall  concur  herewith  [or  if  they 

have  already  passed  a  similar  vote  say,  from  and 
after  the  passage  of  this  vote]. 

Voted  further,  that  the  chairman  be  authorized,  in 


FORMS  RELATING  TO   PUBLIC  INSTRUCTION.         389 

conjunction  with  the  school  committee  of  said  town 
of  to  cause  notices  to  be  posted  up  [in  two  or 

more  places  in  each  of  the  two  districts — specify 
fhem\  for  the  first  meeting  of  said  joint  district,  to 
be  held  at  on  at  o'clock  in  the 

noon  [or  to  be  held  at  such  time  and  place  as  he  may 
agree  upon  with  the  school  committee  of  said  town  of 
]  and  that  the  clerk  of  the  committee  furnish 
a  certified  copy  of  this  vote  to  the  school  committee 
of  the  said  town  of 

NOTE.  A  notice  signed  by  the  chairman  or  clerk  of  each  committee 
should  be  posted  up  in  two  or  more  places  in  each  district.  After  trustees 
are  elected,  they  will  notify  the  subsequent  meetings. 


31.     Notice  of  Change  in  Text-Books. 

Notice  is  hereby  given  that  a  change  in  text-books 
in  the  study  of  will  be  proposed  for  consider- 

ation at  the  next  regular  meeting,  [or  at  a  meeting  to 
be  held  on  (here  state  the  time}']. 
Signed, 

NOTE.    The  above  notice  must  be  given  at  a  regular  meeting  of  the  com- 
mittee. 


32.     An  Appeal. 

•    To  A.  B.,  commissioner  of  public  schools  of  the  State 
of  Rhode  Island  and  Providence  Plantations  : 

Whereas,  the  school  committee,  [trustees  of  school 
district  No.  of  the  town  of  No.  ],  did 

at  a  meeting  on  the  day  of  A.  D.  18 

33* 


390  SCHOOL  MANUAL. 

pass  a  vote—  [here  copy  or  insert  the  substance,  as 
nearly  as  can  be  procured].  I,  the  subscriber,  ac- 
cording to  law,  do  hereby  appeal  to  you  from  said 
vote  or  decision,  and  claim  that  the  same  may  be  re- 
versed. [Here  state  plainly  and  briefly  the  reasons] . 

Signed, 


S3.     Notice  of  Appeal. 

To  the   School   Committee   of   the   town   of 

[trustees  of  school  district  No.  in  the  town 

of  ] 

I  hereby  notify  you,  that  in  conformity  with  the 
provisions  of  the  laws  regulating  public  schools,  I 
appeal  to  A.  B.,  commissioner  of  public  schools,  from 
[here  specify  the  vote  or  decision  of  the  committee, 
trustees,  or  district,  which  is  complained  of]  for  the 
following  reasons  :  [here  give  the  reasons  specified  in 
the  appeal]. 

Signed, 
Date.  C.  D. 

A  copy  of  this  notice  should  be  immediately  served 
upon  the  clerk  of  the  committee,  clerk  of  the  district, 
or  upon  the  trustee,  or  trustees  who  have  done  the 
act  complained  of,  or  upon  the  parties  interested, 
whoever  they  may  be.  In  general  it  is  full  as  well  to 
send  a  copy  of  the  appeal  to  the  parties. 


FORMS  RELATING  TO  PUBLIC  INSTRUCTION.         391 


34.     Form  of  Incorporation- for  a  Public  Library. 

The  following  is  submitted  as  a  suitable  form  for 
the  constitution  of  an  association  for  establishing 
and  maintaining  a  free  public  library  : 

4 

We,  the  subscribers,  agree  to  associate  and  incor- 
porate ourselves  for  the  purpose  of  maintaining  a 
public  library,  by  the  name  of  the  ,  under  the 

provisions  contained  for  that  purpose  in  chapter  176 
of  the  General  Laws,  and  to  be  governed  by  the  fol- 
lowing constitution  : 

ARTICLE  1.     This  association  shall  be  called  the 


The  library  shall  be  established  and  maintained 
at  in  the  town  of  # 

2.  The  officers  of  the  association  shall  be  a  presi- 
dent, vice-president,  secretary,  treasurer,  and  one  or 
more  trustees,  who  shall   constitute  a  board  of  di- 
rectors for  the  management  of  the  business  of  the 
association,  according  to  such  rules  as  the  association 
may  from  time  to  time  adopt. 

3.  The  annual  meeting  shall  be  held  at  on 

when  the  above-named  officers  shall  be  elected. 
Any  officer  shall  be  elected  by  ballot  if  demanded  by 
any  members.  Special  meetings  may  be  held 

at  any  time  upon  the  call  of  the  president  or  secre- 
tary, public  notice  having  been  given  at  least  five 
days  before  holding  the  meeting. 

4.  Any  member,  for  disorderly  or  immoral   con- 
duct, may  be  expelled,  and  any  officer,  for  miscon- 


392  SCHOOL  MANUAL. 

duct,  may  be  removed  at  an}7  regularly  notified  meet- 
ing of  the  society. 

5.  The  directors  shall  appoint  a  librarian,  and  fix 
his  compensation,  and  make  all  such  regulations  as 
they  may  deem  proper  for  the  government  of  the 
library,  and  prescribe  fines  for  non-compliance,  and 
may,  in  any  case  of  misuse  of  books,  prohibit  any 
person  from  using  the  library  until  satisfaction  is 
made. 

6.  The  library  shall  be  held  by  the  association, 
not  in  shares  for  the  benefit  of  shareholders,  but  in 
trust  for  the  public  benefit ;  to  be  open  to  all  who 
shall  comply  with  such  reasonable  rules  as  shall  from 
time  to  time  be  made  by  the  association  or  directors; 
and   for   the   purpose   of   continuing   the    existence 
of  the  corporation,  the  association  will  from  time  to 
time  elect  as  members  such  persons  as   they   shall 
think  most  likely  to  cooperate  zealously  in  promot- 
ing its  objects.     No  member  shall  be  admitted  unless 
proposed  at  a  previous  meeting. 

7.  This  constitution  may  be  amended  at  any  an- 
nual meeting,  provided  notice  of  the  intended  amend- 
ment has  been  given  at  some  previous  meeting. 

The  above  are  all  the  provisions  necessary  to  be 
inserted  in  the  constitution.  All  other  provisions  are 
better  made  in  the  shape  of  rules  or  regulations,  which 
may  be  altered  from  time  to  time  with  less  trouble. 

This  agreement,  or  constitution,  must  be  filed  with 
the  secretary  of  state,  and  a  fee  of  five  dollars  paid 
for  his  certificate  thereof,  before  the  corporation  is 
legally  organized. 

Whenever  it  is  intended  to  establish  a  permanent 


FORMS  RELATING  TO   PUBLIC  INSTRUCTION.         393 

library,  it  will  always  be  most  prudent  to  be  incorpo- 
rated as  above.  If  a  library  is  owned  by  several 
persons  unincorporated  it  will  be  liable  to  division, 
and  each  one's  interest  liable  to  attachment.  In  a 
corporation,  the  share  only  could  be  attached,  and 
where  the  corporation  hold  the  library  merely  as 
trustees  (as  provided  in  Art.  6,  above),  no  individual 
would  have  any  attachable  interest  whatever. 


35.     Forms  of  Prayer. 

BEFORE  ENTERING  UPON  THE  WORK  OF  THE  DAY. 

O  Lord  our  Heavenly  Father,  Almighty  and  Ever- 
lasting God,  who  hath  safely  brought  us  to  the  begin- 
ning of  this  day,  defend  us  in  the  same  by  Thy 
mighty  power;  and  grant  that  this  day  we  fall  into 
no  sin,  neither  run  into  any  kind  of  danger,  but  that 
all  our  doings  may  be  ordered  of  Thee  to  do  always 
that  which  is  righteous  in  Thy  sight,  through  Jesus 
Christ  our  Lord.  Amen. 

O  Almighty  God,  the  giver  of  every  good  and  per- 
fect gift,  the  fountain  of  all  wisdom,  enlighten,  we 
beseech  Thee,  our  understandings  by  Thy  Holy 
Spirit,  and  grant  that  whilst  with  all  diligence 
and  sincerity  we  apply  ourselves  to  the  attainment 
of  human  knowledge,  we  fail  not  constantly  to  strive 
after  that  wisdom  which  makes  wise  unto  salvation  ; 
that  so,  through  Thy  mercy,  we  may  daily  be  ad- 
vanced both  in  learning  and  godliness,  to  the  honor 
and  praise  of  Thy  name,  through  Jesus  Christ  our 
Lord.  Amen. 


394  SCHOOL  MANUAL. 

Our  Father  which  art  in  heaven,  hallowed  be  Thy 
name.  Thy  kingdom  come.  Thy  will  be  done  in  earth, 
as  it  is  in  heaven.  Give  us  this  day  our  daily  bread. 
And  forgive  us  our  trespasses,  as  we  forgive  them  that 
trespass  against  us.  And  lead  us  not  into  temptation  ; 
but  deliver  us  from  evil :  for  Thine  is  the  kingdom, 
and  the  power,  and  the  glory,  for  ever  and  ever. 
Amen. 

At  THE  CLOSE  OF  THE  WORK  OF  THE  DAY. 

Most  merciful  God,  we  yield  Thee  our  humble  and 
hearty  thanks  for  Thy  fatherly  care  and  preserva- 
tion of  us  this  day,  and  for  the  progess  which  Thou 
hast  enabled  us  to  make  in  useful  learning:  We  pray 
Thee  to  impress  upon  our  minds  whatever  good  in- 
structions we  have  received,  and  to  bless  them  to  the 
advancement  of  our  temporal  and  eternal  welfare  ; 
and  pardon,  we  implore  Thee,  all  that  Thou  hast 
seen  amiss  in  our  thoughts,  words,  and  actions.  May 
Thy  good  providence  still  guide  and  keep  us  during 
the  approaching  interval  of  rest  and  relaxation,  so 
that  we  may  be  thereby  prepared  to  enter  on  the 
duties  of  the  morrow  with  renewed  vigor,  both  of 
body  and  mind  ;  and  preserve  us,  we  beseech  Thee, 
now  and  ever,  both  outwardly  in  our  bodies,  and  in- 
wardly in  our  souls,  for  the  sake  of  Jesus  Christ,  Thy 
Son,  our  Lord.  Amen. 

Lighten  our  darkness  we  beseech  Thee,  O  Lord;  and 
by  Thy  great  mercy  defend  us  from  all  perils  and 
dangers  of  this  night,  for  the  love  of  Thine  only  Son, 
our  Saviour,  Jesus  Christ.  Amen. 


INDEX  TO  GENERAL  LAWS. 


Abatement  of  taxes,  how  and  when  made,  55 
Absentees,  provisions  and  arrangements  for,  77 
Account  of  school  commissioner  to  state  auditor,  72 

of  school  moneys,    penalty  for  neglect  to  deliver  to- 

successor,  80 

Adjournment  of  tax  sale  of  real  or  personal  property,  29- 
Admission  of  children  of  soldiers  to  any  school,  82 

to  normal  school,  requirements  of,  71 

to  public  schools,  what  does  not  exclude  from,  80 
Advertisement  in  sale  of  property   for  taxes,   manner 

of,  25,  26 

Agreement  to  submit  dispute  to  commissioner,  when,  68 
Agriculture  and  Mechanic  Arts,   Khode  Island  College 

of,  84-88 

Aid,  collector  of  taxes  may  require,  30 

Alcohol,  instruction  as  to  effect  of,  upon  human  system,  6Q 
Aldermen,  Board  of,  words  lt  town  councils  "  construed  ta 
include,  13 

to  appoint  special  constables  under  truant  law,  74,  75 

penalty  for  neglect  to  appoint  truant  officers,  78 
Apparatus,  and  reference  books,  appropriation  for,  39,  40 

sale  or  exchange  of,  penalty  for  offering  fee  to  school 

officers  for,  82 
Appeals,  in  school  matters,  to  school  commissioner,  67,  68 

from  proceedings  condemning  land  for  school  site,  6Q 
Apportionment  of  school  money  among  the  towns,  38 

of  State  money  for  apparatus,  39,  40 
for  libraries,  34 

of  property  where  district  is  divided,  53 
Appraisal  of  land  for  schoolhouse,  60 


396  SCHOOL  MANUAL. 

Appropriation  by  districts  for  school  purposes,  47 
of  money  for  schools,  power  of  town  to  make,  17 
for  free  public  libraries,  power  of  town  to  make,  17,  18 
annual  State,  for  free  public  libraries,  34 
for  support  of  public  schools,  38,  40 
for  reference  books  and  school  apparatus,  39 
for  support  of  evening  schools,  40 
for    traveling    expenses    of    pupils    of    Normal 

school,  71 

for  teachers'  institutes,  72 
for  educational  publications,  lectures,  etc.,  72 
for  education  of  blind,  deaf,  and  imbecile,  91,  92 
for  free  public  libraries,  how  to  be  made,  20 
to  Rhode  Island  school  of  design,  how  paid,  88 
Arbor  Day,  programme  for,  37 

to  be  a  legal  holiday,  104 
Assessment  of  poll  tax,  by  whom,  when  and  how  made,  23 

of  school  district  taxes,  47,  53,  54 
Assessors  of  Taxes,  may  administer  oaths,  when,  11 

to  give  notice  of  assessment  of  taxes  on  school  dis- 
trict, 54 

to  assess  property  in  school  district  in  what  cases,  53,  69. 
Associate  School  Districts,  how  formed  and  powers,  50,  51 
Attendance  of    children   in    public    schools,   how    regu- 
lated, 73-79 

rules  for,  to  be  made  by  school  committee,  61 
average,  money  to  be  apportioned  by,  62 
of  non-residents,  how  to  treat,  57,  58 
Auctioneers,  duties  paid  by,  added  to  school  fund,  15 

Beneficiaries,  blind,  deaf,  and  imbecile,  how  appointed, 

91,  92 

at  Rhode  Island  school  of  design,  provision  for,  88,  89 
Bequest  to  free  public  library,  full  discharge  for,  21 
Blackboards,  school  district  may  supply,  46 
Blanks  for  schools,  to  be  distributed  by  town  clerk,  45 
for  school  census,  how  furnished,  45 
for  report  of  school  committee,  how  furnished,  64 
Blind  Persons,  provisions  for  education  of,  91 
Board  of  Education,  33-36.   See  Education,  State  Board  of. 


INDEX  TO  GENERAL  LAWS.  397 

Bond  of  clerk  of  school  district,  47 

of  collector  of  school  district,  47 

of  treasurer  of  school  district,  47 
Books,  of  public  libraries,  penalty  for  injuring,  103 
penalty  for  conversion  of,  109 

penalty  for  unlawful  refusal  to  deliver  official,  16 

of  office  to  be  delivered  to  whom  by  retiring  officer,  1C 

of  free  public  library,  rules  for  character  of,  34 

selection  of,  for  school  libraries,  37 

Boundaries  of  school  districts,  power  of  school  committee 
over,  59 

to  be  recorded  by  town  clerk,  45 
Bribery  of  school  officers  prohibited,  and  penalty  for,  82 

Census  of  children  of  school  age,  how  to  be  taken,  45 
blank  forms  for,  furnished  by  commissioner,  45 
returns  of,  to  be  received  before  school  money  paid,  46 
Certificates  of  school  teacher,  when  may  be  annulled,  60 
good  for  how  long,  66 
required  and  by  whom  signed,  65 
of  attendance  at  school  under  the  truant  law,  76 
relating  to  school  money,  penalty  for  false,  80 
of  vaccination  required  from  pupils  in  school,  83 
Chairman  of  school  committee,  election,  removal,   pow- 
ers, 58 

Children.    See  State  Home  and  School  for  Children. 
annual  census  of  school,  to  be  taken,  45 
new  district  not  to  be  formed  with  less  than  forty,  59 
employment  of,   in    certain    cases    prohibited,    when, 

75-77,  89 

factory  inspectors  may  visit  establishments    employ- 
ing, 90 

provision  for  education  of  deaf,  blind,  and  imbecile,  91 
what,  may  be  received  into  State  home  and  school,  96,  97 
Christmas  Day,  to  be  a  legal  holiday,  104 
City,  word  included  in  meaning  of  word  "town,"  13 
mayor  of,  may  administer  paths,  11 
management  and  control  of  free  public  library  by,  20 
City  Clerk,  included  in  words  "town  clerk,"  13 
34 


398  SCHOOL  MANUAL. 

City  Council,  may  accept  free  public  library  or  funds 

for,  19 

trustees  of  free  public  library  to  be  elected  by,  20 
penalty  for  neglect  of,  to  make  truant  ordinances,  78 
Clerk.     See  Town  Clerk. 

commissioner  may  employ,  87 

of  school  committees,  election,  removal,  and  duties,  58 

of  school  districts,  election,  powers,  duties,  47-49,  70,  80 

Collectors  of  school  districts,  election  of  ;  to  have  powers 

of  collectors  of  taxes,  47 
to  give  bond,  when,  47,  69,  70 
to  receive  tax  bill  from  trustees,  56 
compensation  of,  32 
collection  of  poll  taxes  by,  24 
may  collect  school-district  taxes,  when,  47 
College  of  Agriculture  and  Mechanic  Arts,  84-88 
Commissioner.     See  School  Commissioner. 

of  public  schools,  election  and  duties,  37,  38 
Committee,  school.     See  School  Committee. 
Compensation  of  assessors,  town  clerks,  collectors,  32 
of  secretary  of  State  home  and  school,  96 » 
of  superintendents  of  schools,  44 
board  of  education  to  receive  no,  36 
trustees  of  Rhode  Island  institute  for  deaf  to  receive 

no,  93 

of  trustees,  57 

Complainant  in  cases  of  truancy,  etc.,  75 
Consolidated  school  districts,  how  formed,  powers,  51 
Constitution  of  the  State,  extracts,  1-4:— 
declaration  of  rights,  2 
qualification  for  office,  3 

officer  must  be  qualified  elector  except  for  school 

committee,  3 
education,  3 

duty  of  general  assembly  to  provide,  3 
permanent  school  fund,  3 
donations  for  schools,  3,  4 
alienations  of  school  money  forbidden,  4 
Construction  of  statutes,  rules  of,  how  applied,  12-14 
of  certain  words,  "town,"  13 


INDEX   TO   GENERAL  LAWS.  399 

Construction  of  statutes,  of  certain  words,  "  town  coun- 
cil," 13 

Contract  of  district,  remedy,  if  not  fulfilled,  54 
Corporations,  school  districts  are,  46 

literary  and  scientific,  how  formed,  105,  106 

powers  of,  107 
Costs,  not  to  be  taxed  against  school  officers  when,  68 

security  for,  in  suit  against  school  district,  69 
Council.     See  City  Council;  Town  Council. 
Cranston,  probate  court,  jurisdiction  of,  over  what  vagrant 
children,  99 

Deaf,  blind,  and  imbecile  children,  public  provision  for,  91 

what  persons  admitted  to  R.  I.  Institute  for  the,  93 
Declaration  of  rights  and  principles,  2,  3 
Deduction  from  taxes  may  be  provided  for,  31 
Design,  B.  I.  school  of,  State  beneficiaries  at,  88 
Dictionaries,  etc.,  for  schools,  appropriation  for,  39,  40 
Diploma,  graduates  from  normal  school  to  receive,  71 
Directors  of  II.  I.  school  of  design  to  make  report  to  board 

of  education,  88 

Dismissal  of  teacher,  when  and  how,  60,  66 
Dispute  relative  to  school  matters  may  be  submitted  to 

commissioner,  68 
Distraint  from  taxes,  mode  of  conducting,  26-30 

fees  of  collector,  32 

District  Clerk  included  in  words  "ward  clerk,"  13 
District  Council  included  in  "  town  council,"  13 
District  Court,  to  have  jurisdiction  of  truancy  cases,  79 
clerks  of,  may  administer  oaths,  where,  11 
justices  of,  may  administer  oaths,  where,  11 
assistant  justices  of,  may  administer  oaths,  where,  11 
District  Meetings,  school,  48-50.    See  School  District. 
District  of  Narragansett  included  in  word  "town,"  13 

district  council  of,   included  in   words  "town  coun- 
cil," 13 

Districts.    See  School  Districts. 
District  Schools.    See  Schools. 

District  Taxes,  levy  and  assessment  of,  53-55.    See  also 
School  District. 


400  SCHOOL  MANUAL. 

District  Taxes,  how  to  be  collected,  47 

Disturbing  public  meetings  and  schools,  how  punished, 
108 

Documents,   penalty  for  unlawful  refusal  to  deliver  offi- 
cial, 16 
school,  distribution  of,  by  town  clerk,  45 

Dogs,  licenses  of,  when  applied  to  support  of  public  schools, 
102,  104 

Donations  for  public  schools,  how  to  be  applied,  3,  4 

Education,  provisions  of  constitution  for,  3.     See  Schools. 

Educational  purposes  of  property,  effect  of,  on  taxes,  21,  22 

Education,  State  board  of,  33-36 

division,  and  term  of  office  of  members,  33 

vacancies  in,  how  filled,  34 

to  elect  commissioner  of  public  schools,  33 

meetings  of,  when  and  where  to  be  holden,  34 

to  prescribe  rules  for  carrying  into  effect  school  laws, 

34 
to  appropriate  money  and  make  rules  for  free  libraries, 

34 

to  report  annually  ;  expenses  how  allowed,  36 
when  consent  of,  required  for  change  of  text-books,  65 
may  consent  to  remission  of  fines  in  school  matters,  70 
to  have  management  of  the  normal  school,  71 
to  provide  for  educational  publications  and  lectures,  72 
school  committee  to  report  annually  to,  78 
may  visit  any  school  aided  by  State,  81 
control  of  beneficiaries  at  school  of  design,  88,  89 
to  recommend  a  blind,  deaf,  or  imbecile  child  as  State 

beneficiary,  91 

to  have  supervision  of  education  of  same,  91 
to  make  annual  report  on  to  general  assembly,  92 
may  purchase  clothing  for  beneficiaries,  92 
bills  for  same  to  be  approved  by,  and  how  paid,  92 
to  include,  in  report  to  general  assembly,  what,  100 
to  receive  report  of  State  home  and  school,  100 
secretary  of,  to  furnish  form  of  certificate  of  school  at- 
tendance, 76 
to  file  applications  for  school  of  design,  how,  89 


INDEX  TO  GENERAL  LAWS.  401 

Election  Day,  State,  to  be  a  legal  holiday,  104 

national,  to  be  a  legal  holiday,  104 
Elections,  rights  and  qualifications  of  voters  in,  5-9 

registering,  listing,  and  returning  lists  of  voters,  etc., 

7-9 
Electors,  rights  and  qualifications  of,  5-9.     See  Voters. 

registering,  listing,  and  returning  lists  of,  7-9 
Employment  of   children  in  certain  places  prohibited, 

when,  75,  76,  89 

Engaged,  word  to  include  either  ' 'sworn"  or  "affirmed,"  13 
Engagement.    See  Oath  of  Office. 
Evening  Schools,  appropriation  for  support  of,  40 
Evidence  that  district  meeting  has  been  duly  notified,  70 

that  school  district  officer  has  been  duly  engaged,   80 
Examination  of  pupils  for  normal  school,  71 

of  teachers,  60,  66,  71 
Exclusion  of  pupils  from  school,  by  school  committee,  62 

on  account  of  age,  race,  or  color  forbidden,  80 
Exemption  from  taxation,  21,  22 
for  schooling,  82,  83 
of  schools,  when  to  cease,  81 
Expenses  of  State  board  of  education,  how  paid,  36 

Factory,  word  how  construed  for  special  purposes,  90 
Factory  Inspectors,  appointment,  duties,  powers  of,  90 
Factory  laborers,  regulations  as  to  employment  of,  89,  90 
Fees  of  collector  of  taxes,  32 

for  books  in  free  public  library  not  to  be  exacted,  20 

not  to  be  offered  to  school  officers,  82 

not  to  be  received  by  school  officers,  82 
Fines  in  school  matters,  commissioner  may  remit,  70 

under  truant  law,  to  be  applied  to  use  of  schools,  79 

for  disturbing  meetings  or  schools,  108 

for  employment  of  children  in  factories,  76-77 

for  injury  to  property  of  libraries,  108 

for  neglect  of  duty,  80,  81 

Flags,  foreign,  not  displayed  on  public  schoolhouse,  109 
Forfeiture  of  school  money  by  town  or  district,  39,  63,  78 
Fourth  of  July,  to  be  a  legal  holiday,  104 
Free  Public  Libraries.    See  Library ;  Schools, 

84* 


402  SCHOOL   MANUAL. 

Fund,  permanent.     See  School  Fund. 

for  free  public  libraries  may  be  accepted  by  town  or 

city  council,  19 

G-eneral  Assembly,  relations  of,  to  school  fund,  4 
report  to,  of  Rhode  Island  institute  for  deaf,  94 

of  State  board  of  education,  36,  92 
G-eneral  Treasurer,  to  have  custody  of  school  fund,  15 

how  to  pay  appropriations  for  free  public  libraries,  35 
when  to  pay  traveling  expenses  of   board  of   educa- 
tion, 36 

to  add  to  school  fund  school  money  when  forfeited,  39 
Grift  to  free  public  library,  how  receipted  for,  21 
Governor  may  administer  oaths  anywhere  in  the  State,  10 
to  advise  as  to  investment  of  permanent  school  fund,  15 
member  and  president  of  State  board  of  education,  33,  34 
to  appoint  State  beneficiaries,  blind,  deaf,  etc.,  91 
to  approve  bills  for  blind,  deaf,  etc.,  92 
to  appoint  board  of  control  for  State  home  and  school,  95 
commissioner  of  public  schools,  pro  tempore,  37 
factory  inspectors  and  may  remove  them,  90 
trustees  of  Rhode  Island  institute  for  the  deaf,  93 
Guardian,  board  of  control  of  State  home  and  school  to  be 
legal,  of  inmates,  97 

Holidays,  legal,  what  are,  104,  105 

Home.    See  State  Home  and  School  for  Children. 

Human  System,  instruction  as  to  effects  of  stimulants 

on,  60 
Hygiene,  instruction  in,  to  be  provided,  when,  60 

Idiot,  included  in  meaning  of  words  "insane  person,"  12 

provisions  for  education  of,  91 
Imbeciles,  provisions  for  education  of,  91 
Income  of  permanent  school  fund,  for  support  of  schools, 

15,  38 
Incorporation,  act  of,  how  far  deemed  a  public  act,  14 

need  not  be  specially  pleaded,  14 

Insane  person,  words  to  be  construed  to  include  whom, 
12 


INDEX  TO  GENERAL  LAWS.  403 

Institutes,  teachers',  72 
Instruction  in  physiology  and  hygiene,  60 
Insurance  of  schoolhouse,  47 
Investments  of  permanent  school  fund,  15 

Joint  school  district,  how  formed  and  powers  of,  50-53 

how  regulated  and  supervised,  52 

See  School  District. 

Judgment,  to  issue  how  against  school  district,  69 
Justice  of  supreme  court,  statement  in  appeal  made  to,  68 

Labor  Day  is  a  legal  holiday,  104 
Land  or  lands,  words,  how  construed,  13 

aliened,  not  to  be  sold  by  collector  of  taxes,  when,  25 
how  condemned  for  school  purposes,  59 
Lectures  on  subjects  of  education,  how  provided,  72 
Legacy  to  free  public  library,  how  discharged,  21 
Letters,  retiring  officer  to  deliver  official,  to  whom,  16 

penalty  for  unlawful  refusal  to  deliver  official,  16 
Levy  of  school  district  taxes,  53-55 

Library,  incorporated,  how  far  exempt  from  taxation,  22 
how  may  be  incorporated  under  general  law,  105-107 
public,  penalty  for  injuring  property  of,  108 

of  unlawfully  converting  books,  etc.,  of,  109 
free  public  libraries,   powers  of  town  to  appropriate 
money  for,  18,  20 

may  be  accepted  by  town  or  city  council  as  a,  19 
establishment  and  control  of,  by  towns,  18 
trustees  of,  election  and  duties,  20 
exempt  from  taxation,  22 

board  of  education  may  appropriate  for  and  es- 
tablish rules  for,  34 

payments  to,  by  State,  how  to  be  made,  35 
school,  powers  of  town  to  vote  money  for,  17 

commissioner  to  assist  in  establishment  of,  37 
appropriation  for  works  of  reference  and  appa- 
ratus, 39 

school  districts  may  maintain,  46 
Lieutenant-G-overnor  may  administer  oaths,  10 

ex-officio  member  of  State  board  of  education,  33 


404  SCHOOL  MANUAL. 

Lieutenant-G-overnor    member  of  board   of   trustees, 

Rhode  Island  institute  for  deaf,  93 
Literary  Associations,  how  organized  as  corporations,  105 

how  created  ;  powers  and  liabilities  of,  105-107 
Malicious  mischief  to  books  of  free  library,  how  punished, 

108 
Manufacturing  establishments,  employment  of  minors  in, 

when,  75-77 
Maps  and  other  school  apparatus,  provision  for,  39,  40 

school  district  may  supply,  47 

receiving  or  offering  fees  for  exchange  of,  forbidden,  82 
Masculine  gender,  words  importing,  may  include  femi- 
nine, 12 

Mechanic  Arts,  college  of  agriculture  and,  84-88 
Meetings,  district.     See  School  Districts. 
Meetings  of  school  committee,  59 

of  board  of  education,  where  to  be  held,  when,  34 

penalty  for  disturbing,  108 
Memorial  Day  is  a  legal  holiday,  104 

Mercantile  establishments,  employment  of  minors  in,  75-77 
Mileage  for  pupils  in  normal  school,  paid  how,  72 
Minors  to  attend  school,  73 

convicted  under  truant  law,  commitment  of,  78 

employment  of,  prohibited,  when,  75-77 
Moderator  of  school  district,  election  of,  47 

may  engage  in  office  district  officers,  47 

need  not  be  engaged,  80 
Money  for  schools,  distributed  how  and  when,  62 

statements  of,  to  be  made  by  town  treasurer,  44 

to  be  received  and  paid  out  by  town  treasurer,  44 

tuition,  used  how,  57 

Month  to  be  construed  to  mean  a  calendar  month,  13 
Morality,  instructions  in  principles  of,  in  schools,  67 
Newspapers,   notice  of  sale  by  collector  of  taxes  to  be 

given  in,  26,  28 
Normal  School,  management  and  support  of,  71 

qualifications  for  free  tuition  in,  71 

trustees  of,  how  constituted,  71 

to  prescribe  examination  of  applicants  for  admission,  7^ 

to  pay  traveling  expenses  of  pupils  in,  72 


INDEX  TO  GENERAL  LAWS.  405 

Normal  School—  Continued. 

may  give  teachers'  certificates,  71 
graduates  from,  entitled  to  diploma,  71 
to  be  open  to  children  of  decease.d  soldiers  and  sailors, 
82 

Notaries  Public,  to  administer  oaths,  10 

Notice  of  appeal  to  be  given,  67 

of  proposed  change  of  district  boundaries,  59 

of  sales  of  property  for  taxes,  how  given,  26-29 

of  removal  of  personal  property  by  collector  of  taxes,  28 

of  school  district  meetings,  48,  49 

of  assessment  of  school  district  taxes,  54 

in  case  of  land  condemned  for  site  of  schoolhouse,  60 

Nuisances,  near  schpolhouses  prohibited,  81 


Oath,  construed  to  mean  affirmation,  13 

may  be  administered  by  notaries  and  commissioners,  10 
who  may  administer  anywhere  in  the  state,  10 
in  certain  counties  and  towns,  11 
in  connection  with  certain  offices,  11 
of  school  district  officers  may  be  before  whom,  47,  80 
Oath  of  Office,  and  how  adminstered,  10 

of  school  district  officers,  evidence  of,  80 
of  school  district  officers,  except  moderator,  80 
Office,  oath  of.     See  Oath  ;  Oath  of  Office. 

tenure  of.     See  Tenure  of  Office. 
Officers.        See  School  District. 

oath  and  engagement  of,  80.     See  Oath  of  Office. 
joint  authority  to  three  or  more,  how  construed,  12 
to  surrender  official  records,  when  and  to  whom,  16 
of  schools  receiving  State  aid  to  report  annually,  35 
violating    laws    relative    to    public    schools,  penalties 

on,  83 

of  public  schools,  forbidden  to  receive  fees,  etc.,  82 
offering  of  fees  to,  forbidden,  82 
Orders  for  school  money,  given  by  whom,  44 

payable  to  whom,  63 

Ordinances   to  be  made  for  attendance  of  children  in 
schools,  77 


406  SCHOOL  MANUAL. 

Ordinances  concerning  truants,    district   courts  to  have 

jurisdiction  of,  79 
Organization  of  districts,  48 

associate,  consolidated,  and  joint,  51,  52 

Parents  to  cause  child  to  attend  school,  73 

penalty  on,  for  illegal  employment  of  children,  76 
Penalty  for  breach  of  ordinances  respecting  truants,  etc.,  78 

disturbing  meetings  or  schools,  108 

employing  children,  what,  76 

making  false  returns  or  other  neglect  of  duty,  80,  81 

malicious  mischief  to  property  of  libraries,  108 

misappropriating  moneys,  80,  81 

neglect  of  duty  relative  to  taxes,  31 

non-payment  of  taxes,  31 

non-remittance  of  returns,  44-46,  64 

refusal  to  permit  schools  to  be  visited  by  school   com- 
mittee and  others,  81 

general,  83 

Penalties,  etc.,  school  commissioner  may  remit  what,  70 
Permanent  School  Fund.    See  School  Fund. 
Person,  construction  of  the  word,  12 
Physiology,  instruction  in,  to  be  provided  in  what  schools, 

60 

Pictures,  in  public  libraries,  malicious  injury  to,  how  pun- 
ished, 108 

Plural  Number,  construction  of  words  in,  12 
Poll  Tax,  assessment  and  collection  of,  23,  24 

town  treasurer  to  credit  public  school  account  with, 

24,  44 

Powers  of  towns,  1 7 
Private  Schools  to  be  registered,  and  report,  35,  36 

what,  may  be  approved  under  truant  laws,  74 
Probate  Court,  jurisdiction  of,  to  send  children  to  State 
home  and  school,  98 

may  appoint  next  friend  to  act  for  child,  98 

order  of,  and  execution  thereof,  99 

expense  of  such  case  to  be  paid  by  town,  99 
Process  against  school  district,  how  served,  70 

under  truant  law,  by  whom  served,  75 


INDEX  TO  GENERAL  LAWS.  407 

Property,  liable  to  and  exempt  from  taxation,  21,  22 

surplus,  returned  to  owner  by  collector  of  taxes,  28 
of  free  public  library,    penalty  for  malicious  injury 
of,  108 
penalty  for  conversion  of,  109 

Providence,  Title  IX  how  far  applicable  to,  81 
schools,  how  regulated,  82 

Public  Libraries,    See  Library. 

Public  Schools.    See  Schools. 

Pupils.    See  Scholars. 

Qualifications  of  voters,  5-7.  See  Voters. 
of  voters  in  school  district  meetings,  50 
for  office,  3 

Real  Estate,  taxes  against  either  personal  or  real  estate,  a 

lien  on,  25 

taxes  against  owner  of,  how  long  a  lien  on,  25 
or  personal  estate,  tax  may  be  collected  from  either,  25 
if  aliened,  not  to  be  sold  for  tax,  in  what  case,  25 
return  of  collector  of  taxes  on  sale  of,  to  town  clerk,  2? 
how  advertised  and  sold  for  taxes,  26 
deed  of,  for  taxes,  what  title  vested  in  purchaser  by,  27 
right  of  owner  to  redeem,  if  sold  for  taxes,  27 
•  fees  of  collectors  of  taxes  for  levy  on,  32 
how  condemned  for  school  purposes,  59,  60 

Reasons  of  Appeal.    See  also  Appeals. 

Record  of  vaccination  of  pupils  kept  by  teacher,  83 

Records,  public,  when  surrendered  by  officers,  etc.,  16 
of  school  district  clerk  prim  a  facie  evidence,  70,  80 

Redemption  by  owner  of  land  sold  for  taxes,  27 

Register  of  scholars,  to  be  kept  by  teachers,  66 
to  be  deposited  where,  63 

Religious  Purposes,  buildings  and  land  held  for,  how 
far  exempt  from  taxation,  21 

Religious  Societies,  what  property  of,  exempt  from  tax- 
ation, 21 

Remittance  of  fines,  penalties,  etc.,  when  and  how,  70 

Reports  of  board  of  control  of  State  home  and  school,  an- 
nual, 100 


408  SCHOOL  MANUAL. 

Reports— Continued. 

of  board  of  education,  annual,  38 

of  commissioner  of  public  schools,  37 

of  school  committee,  64 

of  trustees  of  Rhode  Island  institute  for  the  deaf,  an- 
nual, 94 

by  officers  of  private  schools  to  board  of  education, 

35,  36 

Resignation  of  officers.     See  Vacancies. 
Returns  of  school  census,  where  deposited,  and  effect  of 
failure,  46 

of  teachers  to  school  committee,  66 

of  trustees,  to  whom  and  how  made,  57 

Rhode  Island  College  of  Agriculture  and  Mechanic  Arts, 
84-88 

to  have  use  of  United  States  money,  85 

location  of,  85 

to  be  a  corporation  with  what  powers,  84 

board  of  managers  of,  appointment  and  powers,  86 

clerk  of,  appointment,  86 

faculty  of,  duties  and  appointment,  87 

treasurer  of,  appointment  ;  to  give  bond,  86 
Rhode  Island  Institute  for  the  Deaf,  92-95 

governor  and  lieutenant-governor,    ex-officio  trustees, 
93 

board  of  trustees  of,  appointment  and  term  of  office,  93 

powers  and  dutes  of,  94 

to  make  annual  report  to  general  assembly,  94 
Rhode  Island  School  of  Design,  State  beneficiaries  at, 
88,  89 

to  make  annual  report  to  State  board  of  education,  88 
Rights,  declaration  of,  1-3 

and  qualifications  of  voters,  5-7 
Rules  and  regulations,  for  appeals,  made  how,  68 

for  libraries,  20,  34,  35 

for  schools,  made  how,  61 

board  of  control  for  State  home  and  school  to  make,  96 
Sailors,  children  of  dead  or  invalided,  schools  free  to,  82 
Scholars,  without  town,  admitted  by  trustee,  when,  57 

school  committee  to  make  rules  for  classification,  61 


INDEX  TO  GENERAL  LAWS.  409 

Scholars — Continued. 

authorized  to  attend    in    adjoining  town  or    district 

when,  61 

may  be  suspended,  when,  62 
if  less  than  five,  school  may  be  suspended,  63 
text-books  and  supplies  to  be  loaned  to,  64 
register  of,  to  be  kept  by  teachers,  66 
to  be  taught  principles  of  morality  and  virtue,  67 
in  normal  school,  privileges  of,  71.  72 
not  to  attend  school  unless  vaccinated,  83 
Schoolbooks,  uniformity  in,  how  secured,  37 

works  of  reference  and  apparatus,  appropriation  for,  39 
school  committee  to  place  in  school  rules  for  use  of,  61 
to  be  furnished  at  expense  of  town  or  city,  64 
how  may  be  changed,  65 

how,  in  Providence,  65 

receiving  or  offering  fees  for  exchange  of,  forbidden,  82 
School  Commissioner,  power  to  administer  oaths,  11 
to  be  elected  by  board  of  education,  33 
to  be  secretary  of  board  of  education,  34 
payments  to  free  public  libraries  to  be  made  on  order 

of,  35 

order  for  books  for  free  libraries  to  be  made  by,  35 
pro  tempore,  may  be  appointed  by  governor,  37 
may  employ  a  clerk,  37 

to  visit  school  districts,  when  and  for  what  purpose,  37 
duties  of,  in  relation  to  text-books  and  school  libraries, 

37 

to  prepare  programme  of  exercises  for  Arbor  Day,  37 
to  report  annually  to  board  of  education,  37 
how  to  apportion  appropriation  for  public  schools,  38 
how  to  draw  appropriation  for  public  schools,  39 
how  to    apportion  appropriation  for  reference  works, 

etc.,  39 

when  may  withhold  school  money  from  a  town,  45,  64,  78 
to  furnish  blanks  for  census  of  children  of  school  age,  45 
not  to  draw  money  due  town,  when,  46 
town  treasurer  to  transmit  to,  certificate  of  amount  of 

money  voted  by  town,  44 


410  SCHOOL  MANUAL. 

School  Commissioner—  Continued. 

erection  and  repairs  of  district  schools  to  be  approved 

by,  on  appeal,  47 

when  order  assessment  and  collection  of  district  tax,  54 
power  of,  to  correct  errors  in  assessing,  or  to  re -assess, 

tax,  55 

power  of,  to  order  abatement  of  tax,  55 
when  to  approve  tax,  repairs,  etc.,  of  joint  district,  55 
powers  of,  in  case  of  tax  by  joint  or  associate  district,  55 
powers  of,  in  formation  of  new  district,  59 
school  committees  to  prescribe  rules  and  studies  under 

direction  of,  61 

report  of  school  committee  to,  and  of  blank  therefor,  G4 
duty  of,  in  appeals  and  disputes  on  school  matters,  67,  68 
may  submit  statement  to  justice  of  supreme  court,  68 
power  of,  to  remit  fines,  penalties,  and  forfeitures,  70 
with  board  of  education,  trustee  of  normal  school,  71 
to  hold  teachers'  institutes,  account  for  same,  72 
to  notify  authorities  of  neglect  under  truant  law,  78 
may  visit  schools  receiving  aid  from  State,  81 
School  Committee,  schools  to  be  under  care  of,  41 
how  and  when  chosen ;   vacancies,  how  filled,  43 
number  may  be  increased,  when,  43 
to  have  care  of  schools  in  discontinued  districts,  48 
to  have  entire  control  of  districts  abolished,  43 
officers  of,  and  powers,  58 
meetings  of,  59 

to  elect  superintendent  of  schools,  44 
town  treasurer  to  report  to,  44 

school  census  returns  to  be  deposited  with,  when,  46 
to  approve  plans  for  erection  and  repairs  of  school- 
house,  47 

to  approve  amount  of  tax  ordered  by  school  district,  47 
when  may  exercise  powers  and  duties  of  district,  48 
to  approve  bond  of  collector  of  district  tax,  47 
when  establish  district  school  and  employ  teacher,  48 
when  and  how  call  meeting  to  organize  district,  48 
when  call  special  meeting  of  school  district,  49 
no  special  district  meeting  without  consent  of,  when,  49 


INDEX  TO   GENERAL  LAWS.  411 

School  Committee—  Continued. 

may  fix  time  and  place  to  organize  associate  district,  51 
to  draw  order  for  public  money  for  associate  districts,  51 
to  approve  organization  of  consolidated  districts,  51 
power  of,  to  form  and  regulate  joint  school  districts,  52 
to  apportion  property,  etc.,  when  district  divided,  53 

public  money,  in  some  cases  of  joint  districts,  52 
power  of,  to  abate  tax  in  certain  cases,  55 

to  approve  tax  for  erection  and  repairs  of  school- 
houses  in  joint  districts,  55 
to   be    notified  by  trustees  of    opening    and    closing 

schools,  56 

trustees  to  provide  for  care  of  books  furnished  by,  56 
when  may  admit  pupils  from  without  district,  64 
powers  of,  over  boundaries  of  districts,  59 
to  locate  schoolhouses,  59 

when  land  taken  by,  without  owner's  consent,  59 
to  examine  and  dismiss  teachers,  and  to  annul  certifi- 
cates, 60,  66 

when  not  to  sign  certificates  for  teachers,  66 
duties  and  powers  of,  in  regard  to  visiting  schools,  61,  81 
duties  and  powers  of,  as  to  pupils,  text-books,  schools, 

61 

powers  of,  when  town  not  divided  into  districts,  62 
how  to  apportion  among  the  districts  the  public  money, 

62 

how  to  apportion  receipts  from  poll  tax,  etc.,  62 
to  draw  orders  only  for  districts  making  returns,  63 
restrictions  on  powers  of,  to  draw  orders,  63 
how  to  divide  forfeited  money,  64 
to  report  annually,  to  whom,  64 
expense  of  printing  report  of,  how  paid,  64 
power  of,  to  change  schoolbooks,  65 
fees  to,  prohibited,  82 

members  of,  ineligible  to  teach  public  schools,  66 
appeal  from,  how  taken,  proceedings  thereon,  67,  68 
may  excuse  child  from  attending  school,  when,  74 
powers  and  duties  of,  concerning  attendance  in  schools, 
73-78 


412  SCHOOL  MANUAL. 

School  Committee—Continued. 

chairman  of,  election,  and  removal  by,  58 
clerk  of,  election,  and  removal  by,  58 
School  District,  how  established,  41 
powers  of,  and  how  designated,  46 
providing  schoolhouses,  not  to  be  taxed  for  others,  42 
may  be  abolished,  42 
what  powers  remain  to  discontinued,  42 
boundaries  of,  to  be  recorded  by  town  clerk,  45 

power  of  school  committee  over,  59 
may  build  and  repair  schoolhouses  and  furnish  same,  46 
power  of,  to  raise  money  by  tax,  47 
to  make  return  to  receive  proportion  of  school  fund,  63 
money  appropriated  to,  if  forfeited,  how  expended,  64 
officers  of,  who  and  when  elected,  47 

tenure  of  office  of,  80 

except  moderator,  in  what  form  to  be  engaged,  80 
evidence  of  engagement,  80 

moderator  of,  may  administer  oath  to  other  officers,  47 
clerk,  collector,  treasurer  of,  duties,  powers  of,  47 
clerk  of,  may  administer  oaths,  11 

may  call  meetings,  when,  48,  49 

when  to  record  votes  in  meetings  of,  50 

provide  record  book,  70 

records  of,  to  be  prima  facie  evidence  of  what,  70 

record  of,  evidence  of  engagement  of  officers,  80 
in  case  of  neglect  by,  school  committee  may  establish 

school,  and  employ  teacher,  48 

may  delegate  powers  and  duties  to  school  committee,  48 
meetings  of,  for  organization,  how  notified,  43 

annual,  when  held,  how  notified,  49,  50 

special,  how  called,  how  notified,  49,  50 

where  held,  49 

appeals  from  doings  of,  how  taken,  67,  68 

who  entitled  to  vote  in,  50 

votes  in,  when,  how  recorded,  50 
associate,  for  having  advanced  schools,  how  formed,  50 

to  constitute  school  district  for  what  purposes,  51 

meeting  for  organization,  how  called,  51 


INDEX  TO   GENERAL  LAWS.  413 

School  District—  Continued. 

associate,  public  money  how  drawn  for,  51 

assessments  in,  how  determined  in  certain  cases, 
55 

consolidated,  how  formed  from  districts  in  same  town,  51 
how  organized  and  entitled  to   receive    public 

money,  52 

title  of,  to  incorporate  property  of  the  several 
districts,  52 

joint,  how  formed  by  districts  in  adjoining  towns,  52 
how  organized  and  powers  of,  52 
how  entitled  to  share  in  public  money,  52 
tax  of,  and  schoolhouse  plans,  how  approved,  55 
assessments,  how,  if  town  assessments  vary,  55 

when  divided,  property  of,  how  apportioned,  53 

contribution,  how  made,  53 

school  commissioner  to  visit,  37 

trustees  of,  when,  and  how  many,   elected,   how  en- 
gaged, 47,  80 

how  may  call  meetings,  48,  50 
when  to  call  upon  assessers  of  taxes,  54 
to  have  custody  of  property  ;  to  employ  teachers, 

56 
duties  of,  relative  to  schools,  fuel,  schoolbooks, 

56 

to  provide  bookcases  in  each  schoolroom,  56 
to  make  tax  bills,  to  issue  warrants  to  collectors,  56 
to  make  returns  to  school  committee,  57 
entitled  to  no  pay,  except  from  district  tax,  57 
may  admit  scholars  from  without  the  town,  57 
when  school  committee  may  exercise  powers  of,  57 
ineligible  to  teach  in  the  public  schools,  66 
appeals  from  decision  of,  how  taken,  67,  68 

power  of  school  committee  over,  59 

when  not  to  be  formed,  .£9 

suits  against,  who  may  answer,  69 

judgment  against,  how  satisfied,  69 

legal  process  against,  how  may  be  served,  70 

taxes,  Title  VIII  how  far  applicable  to,  32 

35* 


414  SCHOOL  MANUAL. 

School  District—  Continued. 

taxes,  amount  of,  to  be  approved   by  school  commit- 
tee, 47 

how  levied  and  assessed,  53,  54 
person  overtaxed,  when  to  have  no  remedy,  54 
when  school  commissioner  may  order  assessment 

and  collection  of,  54 
how  errors  in  tax  may  be  corrected,  55 
how  and  when  abated,  55 
for  schoolhouse,   etc.,  in  joint  district,  when  to 

be  approved  by  commissioner,  55 
assessment  of,  by  joint  or  associate  districts,  55 
how  assessed,  to  satisfy  judgment  against  district, 

69 

proof  of  payment  of,  8 

vote  of,  ordering  tax,  and  assessment,  when  final,  68 
School  Fund  of  State,  provisions  of  constitution  relative 

to,  3 

general  treasurer  to  have  custody  of,  15 
income  of,  how  to  be  invested,  15 
what  moneys  to  be  added  to,  15 
income  of,  to  be  paid  for  support  of  public  schools, 

15,  38 

town  share  of  school  money,  when  to  be  added  to,  39 
penalty  of  a  false  certificate  relating  to,  80 
School  Fund  of  Town,  when  surplus  moneys  from  dog 

licenses  to  be  applied  to,  102,  104 

Schoolhouses,  power  of  towns  to  vote  money  for,  17 
provided  by  towns  or  districts,  41,  46 
to  be  in  custody  of  trustees,  56 
how  supplied  with  furniture,  fixtures,  etc.,  41,  46 
how  provided  by  associate  districts,  51 
district,  when  school  committee  may  establish  schools 
in,  48 

district  meetings  to  be  held  in,  49 
contribution  to,  to  be  paid  by  annexed  district,  53 
when  built  by  joint  district  by  tax,  amount  and  plans 

hoAv  approved,  55 
to  be  located  by  school  committee,  59 


INDEX  TO   GENEEAL  LAWS.  415 

Schoolhouses—  Continued. 

land  for,  how  condemned,  59 
rules  and  regulations  to  be  put  in,  61 
what  legal  process  served  by  posting  copy  on,  70 
nuisances  near,  prohibited,  81 
foreign  flags  not  to  be  raised  over,  109 
School  Libraries,  power  of  town  to  vote  money  for,  17 
commissioner  to  assist  in  establishment  of,  87 
State  appropriation  for  works  of  reference,  etc.,  for,  89 
school  districts  may  maintain,  46 
School  Of  Design,  Rhode  Island,  State  beneficiaries  at, 

88,  89 
Schools,  income  from  school  fund  for  support  of,  15 

general  supervision  of,  vested  in  board  of  education,  33 
support  of,  power  of  towns  to  vote  money  for,  17 
poll  tax  to  be  applied  to,  24,  44 
State  appropriation  for,  how  to  be  apportioned,  88 
duty  of  town  treasurer  relative  to,  44 
how  apportioned  among  districts,  62 
Avhen  may  be  withheld,  45,  46,  64,  78 
works  of  reference  for,  how  provided  for,  39,  40 
free  public,  building  for,  exempt  from  taxation,  21 
private,  to  register  and  report  to  board  of  education,  35 
when  to  be  visited  by  school  commissioner,  37 
duty  of  towns  to  maintain  sufficient  number  of,  41 
census  of  school  children,  when  and  how  taken,  45 
school  committee  may  establish,  when,  48 
'     time  of  opening  and  closing,  trustees  to  give  notice 

of,  56 

moneys  for  tuition  in,  how  received  and  used,  57 
scholars  may  attend,  in  another  district,  when,  64 

in  another  town,  57,  61 

average  attendance  in,  how  determined  in  such  case,  57 
teachers  in,  qualifications  of,  duties,  65,  66,  67 
when  dismissed,  66 

what  school  officers  ineligible  to  be,  66 
trustees  of  normal  school  may  give  certificates 

to,  71 
to  keep  record  of  pupils  vaccinated,  83 


416  SCHOOL  MANUAL. 

S  chools— Continued. 

rules  as  to  instruction  and  government  to  be  posted 

in,  61 

of  towns  without  districts  managed  by  school  commit- 
tee, 62 

may  be  suspended  in  case  attendance  falls  below  five,  63 
legal  proceedings  relating  to,  67-70 
appeals  relating  to,  to  school  commissioner,  67 
provisions  concerning  attendance  and  truancy,  78-79 
fines  under  truant  law  to  be  applied  to  support  of,  79 
no  person  to  be  excluded  from,  except  by  general  rule,  80 
aided  by  State,  may  be  visited  and  examined  by  whom, 

81 

in  Providence  how  governed,  81 
no  person  connected  with,   to    take  fee  for    sale    of 

books,  82 
fee    to  children  of    dead  and  invalided  soldiers  and 

sailors,  82 

no  pupil  to  attend,  without  certificate  of  vaccination,  83 
Title  IX  is  subject  to  special  statutes  respecting,  83 
penalty  for  violation  of  law  regulating,  by  officer,  80 
penalties  under  dog  law  to  be  applied  to  support  of, 

102,  104 
public  or  private,  willful  disturbance  of,  how  punished, 

108 

School  Supplies  furnished  at  expense  of  town  or  city,  64 
Seal,  word  how  construed,  14 
Secretary  of  Board  of  Control  of  State  Home  and  School 

for  Children,  appointment  of,  96 
Smallpox,  no  one  to  attend  school  without  certificate  of 

vaccination  for,  83 

Soldiers,  children  of  dead  and  invalided,  schools  free  to,  82 
Special  school  district  meetings,  how  to  be  called  and  for 

what  business,  48,  49 
notice  required,  49,  50 

State  Auditor,  school  commissioner  to  render  annual  ac- 
count to,  72 

to  draw  order  for  payment  of  education  of  deaf,  blind, 
and  imbecile  children,  92 


INDEX  TO   GENERAL  LAWS.  417 

ite  Home  and  School  for  Children,  95-100 

control  and  maintenance  of,  vested  in  whom,  95 
probate  courts  have  jurisdiction  of  commitment  to,  98 
order  of  court  to,  on  hearing  case,  99 

expenses  of,  to  be  paid  by  town,  99 
what  children  may  be  sent  from  State  almshouse  to,  99 

expense  to  be  paid  by  State,  99 
board  of  control  of,  to  consist  of  whom,  95 

appointed  by  governor  ;  tenure  of  office,  95,  98 
to  provide  books  for  registry  of  children,  99 
to  make  annual  report  to  board  of  education,  100 
to  appoint  secretary,  96 

members  of,  not  to  receive  compensation,  96 
to  establish  rules  and  regulations,  96 
may  admit  what  children,  96 
Studies  in  schools,  how  prescribed,  61 
Successors  in  office,  what  officers  continue  in  office  until 

successors  qualify,  80 

retiring  officer  to  deliver  official  possessions  to,  16 
penalty  for  neglect  to  deliver  school  accounts  to,  80 
Superintendent  of  Schools,  election  and  duties,  44 
compensation  of,  44 

to  be  notified  of  opening  and  closing  of  schools,  56 
ineligible  to  teach  in  public  schools,  66 
receiving  or  offering  to,  fee  for  exchange  of  school- 
books,  forbidden,  82 
Supreme  Court,  justices  of,  to  hear  and  decide  on  school 

appeals,  when,  68 
Suspension  of  pupils  by  school  committee,  62 

Tax,  to  qualify  persons  to  vote,  6-8 

proposition  to  impose,  who  not  permitted  to  vote  on,  6 
proof  of  payment  of,  what,  8 

penalty  on  officers  refusing  certificate  of  payment  of,  9 
officers  when  to  furnish  certified  list  of  persons  pay- 
ing, 8,  9 

when  to  grant  certificate  in  particular  cases,  9 
for  free  public  libraries,  what  and  when,  17,  18 
assessment  and  collection  of  poll,  23,  24 


418  SCHOOL  MANUAL. 

Tax—  Continued. 

real  estate,  holden  for  tax,  how  long  a  lien,  25 
how  advertised  and  sold  for,  26,  27 
what  title  to,  vested  by  deed,  under  sale,  27 
aliened,  not  to  be  sold,  if  other  'property,  25 
notice  given  owner  and  others  interested,  26 
proceeding  of  sale,  when  and  where  returned,  27 
how  and  when  owner  may  redeem,  27 
personal  property,  whole  tax  collected  out  of,  25 

if  advertised  for  sale,  what  notice  is  given,  28,  29 
what  not  liable  to  distraint,  28 
distraint  and  sale  of,  for,  28 

school  district,  collection  of,  32,  47.     Bee  School  Dis- 
trict. 

compensation  of  assessors,  town  clerks,  collectors,  32 
town  to  raise  by,  for  schools,  amount  equal  to  State  ap- 
propriation, 39 

Taxation,  property  liable  to,  exempt  from,  21,  22 
Teachers,  State  appropriation  for  schools  to  be  applied  to 

wages  of,  39 
school  district  neglecting  to  employ,  school  committee 

may  employ,  48 
duty  of  trustees  to  employ,  56 
duty  of  school  committees  to  examine,  GO,  61,  66 
what  certificate  of  qualification  necessary,  65,  66 
when  may  be  dismissed,  66 
what  school  officers  ineligible  as,  66,  67 
to  keep  register  of  scholars  and  make  return,  66 
to  impart  what  moral  instruction,  67 
certificates  to,  by  trustees  of  normal  school,  71 
to  keep  record  of  pupils  vaccinated,  83 
Teachers'  Institutes,  appropriation  for,  how  expended, 

72 

Teachers'  Money,  State  appropriation  to  be  so  denomi- 
nated, 39 

Telephone  Companies,  certain  minors  not  to  be  em- 
ployed by,  when,  75,  76 

Tenure  of  Office,  of  State  board  of  education,  33,  34 
of  commissioner  of  public  schools,  37 


INDEX  TO  GENERAL  LAWS.  419 

Tenure  of  Office  -Continued. 
of  school  committee,  43 
of  school  district  officers,  80 

of  board  of  managers  of  Rhode  Island  College  of  Agri- 
culture and  Mechanic  Arts,  86 

of  trustees  of  Rhode  Island  Institute  for  the  Deaf,  93 
of  board  of  control  of  State  Home  and  School,  95,  96 
Text-books.    See  Schoolbooks. 

Thanksgiving  Day  appointed  by  general  assembly,  gov- 
ernor, president,  legal  holiday,  105 
Time,  reckoned  by  calendar  months  and  years,  excludes  day 

from  which  reckoned,  13 
Town,  word  construed  to  include  city,  or  district  of  Narra- 

gansett,  13 

oath  of  office  of  persons  elected  to  office  by,  10 
powers  and  duties  of,  relative  to  schools,  17-19,  41-43 
power  of,  to  establish  free  public  libraries,  17 
may  appropriate  money  for  maintenance  of  such  lib- 
raries, 18 
may  appropriate  money  for  free  public  library  not  its 

own,  18 
power  of,  to  incur  debt,  limited  ;  exceptions,  18,  19 

to  assess  ratable  property,  limited;  exceptions,  19 
management  and  control  of  free  public  library  by,  19-21 
entitled  to  what  part  of  State  appropriation  for  schools, 

38 
school  money  due  from  State,  forfeited  when,  39 

when  withheld  from,  45,  46,  64,  78 
to  establish  and  maintain  public  schools,  41 
may  be  divided  into  school  districts,  41 
Town  Clerk,  words  may  include  city  clerk,  district  clerk, 

13 

may  administer  oaths,  11 

to  record  boundaries  of  school  districts,  alterations,  45 
to  take  census  of  children  of  school  age,  45 
to  distribute  school  documents,  45 
Town  Council,  words  may  include  board  of  aldermen,  or 

district  council,  13 
may  prescribe  rules  for  public  libraries,  when,  17,  18 


420  SCHOOL  MANUAL. 

Town  Council—  Continued. 

may  accept  free  public  library  or  funds  for,  19,  20 
board  of  trustees  of  free  public  library  to  be  elected 

by,  20 

power  of,  to  fill  vacancy  in  school  committee,  43 
to  appoint  special  constables  under  truant  law,  74,  75 
to  make  ordinances,  etc.,  concerning  truants,  77,  78 
penalty  for  neglect  of,  to  appoint  officers  or  make  ordi- 
nances concerning  truants,  78 

Town  Meetings,  report  of  school  committee  to  be  sub- 
mitted at  annual,  64 

Town  Treasurer,  words  may  include  city  or  district  treas- 
urer, 13 
duties  of,  in  receiving  and  paying  school  money,  44 

Treasurer,  General.     See  General  Treasurer. 

Treasurer  of  school  district,  election,  powers,  etc.,  47 

Truant  Officers,  appointment,  duties,  73-79 

Truants,  town  councils  to  make  ordinances  for,  78 

may  be  committed  to  suitable  places  of  instruction,  78 
may  be  discharged,  when,  78 
district  courts  have  jurisdiction  of,  7V) 

Trustees,  of  free  public  libraries,  how  elected,  duties,  20 
of  schools  receiving  State  aid,  to  report  annually,  35 
of  Rhode  Island  Institute  for  the  Deaf,  tenure  of  office, 

93 

of  school  districts,  election  of,  47 
how  engaged,  80 

how  call  meetings  of  districts,  49,  81 
when  determine  place  of  meeting,  49 
of  associate  districts,  how  appointed,  51 
how  to  ascertain  valuation  of  property  in  certain  cases,  54 
duties  and  powers  of,  relative  to  schools,  taxes,  etc., 

53-57 

to  make  returns  to  school  committee,  57 
to  receive  no  compensation  unless  from  district  tax,  57 
may  admit  scholars  from  without  the  town,  57 
when  school  committee  may  exercise  powers  of,  57 
to  be  notified  of  revocation   of  teacher's  certificate, 
60,  61 


INDEX   TO   GENERAL  LAWS.  421 

Trus  t  e  e  s — Continued. 

ineligible  to  teach  in  public  schools,  66,  67 
appeals  from  decisions  of,  how  taken,  and  proceedings, 
67,  68 

Tuition  money  received  by  districts  and  towns,  how  used,  57 
fees  not  required  of  attendants  at  normal  school,  71 
fees  of  beneficiaries  at  school  of  design,  89 

Vacancy  in  office  of  trustee  of  free   public  library,  how 

filled,  20 

in  State  board  of  education,  how  filled,  34 
in  school  committee,  how  filled,  43 
in  school  district  offices,  how  filled,  47 
in  board  of  managers  for  college  of  agriculture,  how 

filled,  86 

Vacation   in  public  schools,   children  employed  during, 

75,  76 

Vaccination,  to  attend  school  to  have  certificate  of,  83 
Vagrants,  when  received  in  State  Home  and  School,  96 
Virtue,  instruction  in  principles  of,  in  schools,  67 
Visits  of  committee  required,  61 

of  trustees  required,  56 

Voluntary  Associations,  how  formed,  105-107 
Voters,  rights  and  qualifications  of,  5-7     . 
Voters  in  school  districts,  qualifications  of,  50.    See  School 
District. 

Warrant  for  collection  of  tax  to  satisfy  judgment  against 

school  district,  how  issued,  69 

Washington's  Birthday,  to  be  a  legal  holiday,  104 
Words,  construction  of,  in  statutes,  12-14.     See  Construc- 
tion. 

Year,  word  construed  to  mean  calendar  year,  13 


INDEX  TO  DECISIONS. 


Abolition  of  school  districts,  115,  288 
Annual  district  meetings,  notice  of,  166 
Annulment  of  certificate,  causes  for,  252 
Appeal  to  commissioner,  on  tax,  when,  201 

must  be  taken  in  reasonable  time,  208 

rehearing  allowed,  when,  261 

when  not  allowable,  245 
Appraisal,  new  one  not  needed  when  land  is  sold,  264 

void,  when,  270 

Approval  of  a  judge  shuts  off  rehearing,  265 
Apportionment,  school,  not  district,  basis  of,  247 
Arnold,  S.  C.,  vs.  school  committee,  Scituate,  244,  281 
Assessment,  by  per  cent,  legal,  192 

greater  than  sum  voted,  illegal,  203 

legal  if  clear  to  whom,  192 
Assessors  appointed  by  commissioner,  how  proceed,  199 

of  town  called  by  trustee,  when,  194,  202 
Award  of  appraisers  void,  when,  270 

Barrington,  District  No.  1,  133 
Boundaries  of  district  how  determined,  203 

change  of,  effect  on  district,  206 
Building  committee,  powers  of,  132 
Bull,  I.  M.,  et  al.  vs.  school  committee,  Woonsocket,  229 
Burrillville,  District  No.  7,  126,  152,  259 

District  No.  12,  125 

Carpenter,  G.  B.,  vs.  Joint  District  2  and  4,  Hopkinton, 
and  8,  Westerly,  277 

Certificate  of  teacher,  can  be  annulled  by  school  commit- 
tee, 224 


INDEX   TO   DECISIONS.  423 

C  ertificat  e—  Continued. 

may  be  annulled  when,  225,  252 

may  be  limited  by  school  committee,  223,  224 

not  necessary  when  no  districts,  255 

Change  in  text-books,  action  on,  when  may  be  taken,  244 
Clarke,  Joseph  O.,  case  of,  131 
Clerk,  of  district,  error  in  records  of,  effect  of,  192 
how  to  record  proceedings,  184 

not  clothed  with  discretionary  power  of  committee,  227 
Collector  of  taxes,  not  liable  for  damages  when,  199 

has  percentage  on  payments  to  treasurer,  197 
Commissioner.    See  School  Commissioner. 
Committee.    See  School  Committee. 
Condemnation,  proceedings  in,  how  conducted,  139, 144 
Constitution,  plurality  amendment  to,  effect  of,  181 
Coventry,  Emma  A.  Frink  vs.  school  committee  of,  156 

L.  E.  Seamans  vs.  school  committee  of,  249 
Crandall,  Jos.,  vs.  School  District  No.  2,  Exeter,  194 
Cranston,  abolition  of  districts  in,  115 

L.  A.  Freeman  et  al.  vs.  school  committee  of,  254 

J.  Nevins  vs.  school  committee  of,  241 

District  No.  1,  220 

District  No.  2,  153,  214 
Cumberland,  District  No.  5,  222 

and  Lincoln,  Joint  District  Nos.  15  and  13,  175,  182 

Decision  of  commissioner  how  to  be  enforced,  260 
Debt  of  district  not  limit  of  tax,  197 
De  facto  officers,  acts  of,  are  valid,  135,  164,  208 
Discretionary  powers  of  school  committee  not  transfer- 
able, 227 

Dismission  of  teacher  to  be  by  school  committee,  223 
District,  cannot  hire  teachers  by  vote,  213 

can  tax  for  more  than  debt,  197 

entitled  to  official  notice  when,  198 

joint.     See  Joint  District. 

liable  for  costs  in  suit,  127 

limitations  of,  as  to  building,  129 

may  be  changed  after  vote  to  tax,  206 

may  be  divided,  how,  129 


424  SCHOOL  MANUAL. 

District —  Continued. 

may  give  note,  126,  131 

may  open  more  than  one  school,  122 

no  longer  basis  of  division  of  money,  245 

no  right  to  overdraw,  136 

not  town,  liable  for  teachers'  wages,  276 
Districts,  abolition  of,  constitutional,  115 

provisions  for,  interpreted,  119 

discontinued  by  school  committee,  233 

originally  formed  by  school  committee,  230 

powers  of,  122-146 
District  boundaries,  how  determined,  203 

change  of,  effect  of,  206 
District  meetings,  147-188 

notice  of  annual,  166 

special,  151,  166,  170 

when  consent  of  school  committee  required,  174 

records  of,  166 

District  officers,  powers  of,  122 
District  taxes,  189-207 
District  tax,  confided  to  town  collector  when,  193 

cannot  be  approved  by  commissioner,  201 

may  be  approved  when,  167 

to  whom  to  be  paid,  191 

when  to  be  questioned,  169 
Douglass,  Josephine  E.,  vs.  G.  E.  Barber,  284 

East  Providence,  F.  E.  Hovey  vs.  town  of,  282 
Enforcement  of  decision  lies  in  Supreme  Court,  26') 
Examination  must  precede  election,  257 

other  means  than,  to  determine  qualifications,  256 
Exempt  from  taxation,  what  buildings,  113 
Exeter,  Jos.  Crandall  vs.  School  District  No.  2  of,  194 

District  No.  11,  196 
Expulsion  of  a  pupil  in  hands  of  school  committee,  229 

Failure  to  govern  or  instruct,  cause  for  annulling,  252 
Fires,  teacher  cannot  be  required  to  make,  253 

scholar  cannot  be  required  to  make,  228 
Forfeiture  of  office  not  caused  by  loss  of  qualification,  208 


INDEX  TO  DECISIONS.  425 

Freeman,  L.  A.,  et  al.  vs.  school  committee,  Cranston,  254 
Frink,  Emma  A.,  vs.  school  committee,  Coventry,  156 

General  laws  modify  special  only  when  so  stated,  235 
Grift  to  a  district  not  contrary  to  law,  240 
Gradation  of  schools  cannot  be  forced  on  a  district,  224 
Grievance,  what  may  be,  272 

Hopkinton  and  Westerly,  Joint  District,  G.  B.  Car- 
penter vs.,  277 

Hovey,  E.  E.,  vs.  town  of  East  Providence,  282 

Rowland,  E.  W.,  vs.  District  No.  3,  Little  Compton,  137, 
140,  144 

Husband,  right  of,  to  vote  on  wife's  estate,  155    . 

Incidentals,  paid  for  out  of  town  money  228,  237 
Illegal  votes,  effect  of,  152 

Insurance  of  schoolhonse  illegal  unless  voted,  196 
Irregularities  in  district  meeting,  effect  of,  176 
Interruption  of  school  is  breach  of  peace,  284 

Johnston,  District  No.  l.  173 

vote  of,  to  abolish  districts,  288 
Joint  district,  limitations  on  establishment  of,  228 

when  abolished,  182 

Jurisdiction,  of  school  commissioner,  260,  261,  262,  267,  269 
272,  281 

where  school  committee  have  none,  245 

Kenyon,  A.  W.,  vs.  school  committee,  Richmond,  245 

Land  in  two  districts  valued  by  town  assessors,  194 
Legal  proceedings,  259-291 

Length  of  residence  fixes  tax  on  personal  property,  197 
Little  Compton,  District  No.  3,  137,  140,  144,  165 

District  No.  5,  209 
Locate  schoolhouse,  who  has  power  to,  138 

vote  to,  not  a  vote  to  erect,  138 

when  to,  141 
Location  of  schoolhouse  may  be  appealed,  271 


426  SCHOOL   MANUAL. 

Majority  vote,  when  unsafe,  125 

Mechanic's  lien  not  good  against  sclioolhouse,  283 

Meetings,  of  district,  147-188 

special,  notice  of,  151,  166,  170 

of  school  committee,  no  fixed  mode  of  notice  of,  222 
Middletown,  District  No.  4,  198 
Moderator,  duty  of,  147 

may  vote  when,  184 

Moral  character,  lack  of,  reason  for  not  examining,  249 
Motive  for  gift  no  reason  for  appeal,  239 

Narragansett,  district  of,  considered  as  a  town,  115 
Negative  acts  of  school  committee  no  basis  for  appeal,  245 
Nevins,  J.,  vs.  school  committee,  Cranston,  241 
North  Kingstown,  Districts  Nos.  3  and  4,  159 

District  No.  5,  170 

District  No.  10,  122 

school  committee  of,  226 
North  Providence,  District  No.  2,  210 

District  No.  3,  128,  148,  149,  151,  223,  224,  260,  261 

District  No.  7,  270 

District  No.  8,  135,  262 

District  No.  10,  269 

P.  B.  Stiness,  Jr. ,  vs.  school  committee  of,  227 

E.  S.  Wilkinson  vs.  District  No.  1  of,  192 
North  Smithfield,  District  No.  6,  183 
Notice,  for  school  committee  meetings,  no  fixed  mode  of, 
222 

of  change,  of  boundaries,  when  waived,  205 
in  text-books,  how  to  be  given,  243 

of  district  meeting,  how  many  required,  156 
annual,  166 
special,  151,  166,  170 

official,  to  be  sent  to  district  when,  198 

Office,  eligibility  to,  130 

Offices,  incompatibility  of,  134 

Officers,  acts  of  de  facto,  valid,  135,  164,  208 

district,  powers  of,  122 

rights  of,  136 


INDEX  TO  DECISIONS.  427 

Order  of  trustees  fixed  by  district  records,  219 

Per  cent,  on  taxes  paid  treasurer  goes  to  collector,  197 
Plurality  amendment  to  constitution,  effect  of,  181 
Preventing  school  from  assembling  is  unlawful  disturb- 
ance, 285 
Property,  liable  to  assessment  when,  206 

when  not  to  be  relieved  from  tax,  206 
Power,  to  enforce  decisions  only  in  a  mandamus,  260 

to  annul  certificates  cannot  be  delegated,  224 
Powers  and  duties,  of  towns,  115-121 

of  districts  and  district  officers,  122-146 

discretionary,  cannot  be  delegated,  225,  227 
Providence,  St.  Mary's  Church  vs.  city  of,  113 
Public  money,  cannot  be  used  for  repairs,  etc.,  238 

not  drawn  by  teacher  without  certificate,  222 

uses  of,  237 
Public  place,  what  constitutes,  161 

Qualification,  loss  of,  not  work  forfeiture  of  office,  208 

Real  and  personal  estate,  how  treated  on  tax  list,  190 
Re-approval  of  tax,  necessary,  when,  196 
Recognition  of  school,  lack  of,  by  committee,  157 
Records,  of  districts,  how  amended,  148 

of  district  meetings,  166 

of  school  committee,  show  district  boundaries,  203 

subject  to  their  own  control,  282 
Record  vote,  how  to  be  taken,  177 

on  what  questions,  may  be  called  for,  178 

refusal  to  allow,  effect  of,  175 

when  to  be  called  for,  158 
Registry  voters,  can  vote  to  abolish  districts,  288 

may  vote  when,  129,  147  , 

Rehearing  of  appeal,  may  be  allowed  for  cause,  261 

not  possible  after  approval  by  judge,  265 
Removal  of  trustee,  only  for  cause,  209 
Resignation  may  be  withdrawn  before  acceptance,  220 
Residence,  change  of,  186 

length  of,  required,  155 

what  constitutes,  150,  184 


428  SCHOOL  MANUAL. 

Richmond,  District  No.  1,  202 

and  Hopkinton,  Joint  District,  Nos.  7  and  13,  177 
A.  W.  Kenyon  vs.  school  committee  of,  245 

Scholars  cannot  be  compelled  to  make  fires,  226 
School,  not  district,  basis  of  apportionment,  245 
Schools,  district  may  open  more  than  one,  122 
School  commissioner,  jurisdiction  of,  260,  261,  262,  267, 
269,  272,  281 

has  no  jurisdiction  when,  269 

over  records  of  school  committee,  282 

cannot  approve  district  tax,  201 

cannot  compel  trustees  to  perform  duties,  262 

cannot  interfere  with  other  officers,  263 

has  no  power  to  enforce  decisions,  260 

may  allow  rehearing  for  cause,  261 

not  to  order  tax  save  as  law  provides,  201 

power  over  district  boundaries,  259,  260 

to  submit  statement,  not  evidence,  266 
School  committee,  powers  and  duties  of,  222-248 

act  of  one  member  of,  not  act  of  all,  251 

can  annul  certificate  or  dismiss  for  cause,  223,  225 

can  discontinue  districts,  233 

can  examine  or  not,  256 

can  expel  pupils,  229 

can  refuse  to  examine  on  moral  grounds,  249 

cannot  compel  gradation  of  schools,  224 
scholars  to  make  fires,  226 

cannot  delegate  general  powers,  225,  227 
power  to  annul  certificates,  224 

cannot  make  conditions  after  appointment,  257 

have  no  criminal  jurisdiction,  245 

have  power  to  lay  off  districts,  230 

may  limit  their  certificates,  223,  224 

need  not  issue  certificates,  when,  255 
Schoolhouse,  location  of,  may  be  appealed,  271 

not  a  grievance,  240 

not  subject  to  mechanic's  lien,  283 

not  to  be  insured  without  vote,  196 

uses  of,  122,  133 


INDEX  TO  DECISIONS.  429 

School  year,  legal,  begins  May  1,  210 
Scituate,  District  No.  7,  191 

S.  C.  Arnold  vs.  school  committee  of,  244,  281 
Seabury,  B.  C.,  collector,  vs.  E.  W.  Rowland,  165 
Seamans,  L.  E.,  vs.  school  committee,  Coventry,  249 
Smith,  E.,  vs.  school  committee,  Smithfield,  251,  264 
Smithfield,  District  No.  14,  190 

E.  Smith,  vs.  school  committee  of,  251,  264 
Soldiers  and  Sailors,  children  of,  provision  for,  278 

estates  of,  not  exempt  from  tax  for  schools,  280 
South  Kingstown,  District  No.  3,  239 

District  No.  19,  200,  271 

and  Richmond,  Joint  Districts  Nos.  17  and  4,  158 
Special  laws  modified  by  general  when  so  stated,  235 
Special  district  meetings,  notice  of,  151,  166,  170 

when  consent  of  school  committee  required  for,  174 
Spencer,  D.  P.,  vs.  District  No.  17,  Warwick,  275 
Statement  of  facts,  what  constitutes,  266 

is  not  evidence,  266 

Stiness,  P.  B.,  Jr.,  vs.  J.  H.  Willard,  clerk  school  com- 
mittee, North  Providence,  227 
St.  Mary's  Church  vs.  City  of  Providence,  113 


Tax  of  district,  may  be  approved  when,  167 

committee's  approval  of,  not  appealed  from,  189 
may  be  rescinded  from,  189 
when  to  be  secured,  190 
for  more  than  amount  of  debt  legal,  197 
may  be  ordered  by  one  legal  voter,  197 
ordered  by  commissioner,  when,  200 
re-approval  of,  necessary  when,  196 
when  can  be  rescinded,  125,  126 
who  may  vote  on,  152,  153 

Taxation,  what  buildings  exempt  from,  when,  113 

Tax  collector  not  liable  for  damages,  when,  199 

Teachers,  249-258 

cannot  be  compelled  to  make  fires,  253 

cannot  be  dismissed  by  trustee  during  term,  212 

cannot  be  hired  by  district,  213 


430  SCHOOL  MANUAL. 

Teachers  —  Continued. 

cannot  draw  public  money  without  certificate,  222 

claims  of,  against  district,  not  town,  276 

dismissed  by  school  committee,  223 

if  dismissed  draw  public  money  no  longer,  250 

may  be  dismissed  for  cause,  225 

wages  of,  fixed  by  trustee,  210 

Text-books,  change  in,  may  be  made  when,  244 
change  of  edition  of,  not  change  of  books,  242 
notice  of  change  in,  what  kind  needed,  243 

Tiffany,  W.,  vs.  District  No.  4,  Warwick,  215 

Time,  how  reckoned,  173 

Town,  powers  and  duties  of,  115-121 

not  liable  for  teacher's  wages,  when,  276 

Town  appropriation  can  be  used  for  incidentals,  228,  237 

Town  assessors,  called  on  by  trustee,  when,  202 
land  in  two  districts  valued  by,  194 

Town  collector,  bond  of,  not  held  for  district,  189 
can  collect  district  tax  when,  193 

Transfer  of  title  does  not  call  for  new  appraisal,  264 

Trustees,  208-221 

can  hire  at  any  price,  210 

cannot  be  made  to  act  by  commissioner,  262 

cannot  compel  scholars  to  make  fires,  226 

cannot  dismiss  teacher  during  term,  212 

cannot  reduce  wages  during  term,  212 

if  one  elected,  later  meeting  cannot  acld/214 

meetings  of,  not  determined  by  law,  214 

must  act  as  a  board,  213 

number  of,  how  decided,  162 

only  removable  for  cause,  209 

order  of,  fixed  by  district  records,  219 

to  call  on  town  assessor,  when,  194,  202 

to  respect  orders  of  school  committee,  when,  209 

two  do  not  make  legal  board,  216 

Uses  of  public  money,  228,  237 

"Verry,  N.  T.,  vs.  school  committee,  Woonsocket,  235 
Vote  to  abolish  districts  not  direct  vote  to  tax,  289 


INDEX  TO  DECISIONS.  431 

Votes,  fixing  time  for  taxes,  how  interpreted,  190 

illegal,  effect  of,  152 
Voter,  one  legal,  can  order  tax,  197 

qualifications  of,  128,  149 

residence  of,  150 

Wages  of  teachers,  at  discretion  of  trustee,  210 

cannot  be  reduced  during  term,  212 
Warwick,  District  No.  7,  193 

D.  P.  Spencer  vs.  District  No.  17  of,  275 
West  G-reenwich,  District  No.  4,  204 

District  No.  8,  213 

Wilkinson,  E.  S.,  vs.  District  No.  1,  North  Providence,  192 
Woonsocket,  I.  M.  Bull  v».  school  committee  of,  229 

N.  T.  Verry  vs.  school  committee  of,  235 

Year,  school,  begins  when,  210 


INDEX  TO  REMARKS  AND  FORMS. 


Accounts  of  school  committee,  how  to  be  kept,  321 
Admission  to  school,  at  what  ages,  318 
Adjourned  meeting,  what  business  legal  at,  340 
Annulling  certificates,  reasons  for,  312 
Appeals  to  commissioner,  form  of,  389 

notice  of,  to  be  served,  358 
form  of,  390 

restrictions  thereon,  357,  358 

suggestions  relating  thereto,  357,  358 
Apportioning  money,  under  what  restrictions,  319,  320 
Assessment  of  taxes,  343-346 

Bible  reading  in  the  schools,  351,  352 

Blind  and  feeble-minded,  education  of,  359 

Board  of  education.     See  State  Board  of  Education. 

Bond  of  district  treasurer  and  collector,  form  of,  376,  377 

Casting  vote,  moderator  has  none,  329 
Certificates,  of  election,  form  of,  362 
of  engagement,  form  of,  363 
of  teachers,  annulling,  reasons  for,  312 
form  for  annulling,  363 
given  on  what  diploma,  312 
how  granted,  etc.,  306-312 
Choice  of  officers,  form  of  record  of,  368 
Clerk,  town.     See  Town  Clerk. 
Collection  of  taxes,  346-348 

Commissioner  of  public  schools.     See  School  Commis- 
sioner. 

Contract,  to  build  schoolhouse,  form  of,  370 
with  teacher,  form  of,  364 


INDEX  TO   REMARKS   AND   FORMS.  433 

Course  of  study,  need  for,  318 

to  be  fixed  by  school  committee,  318,  319 

Deaf,  education  of,  359 

blind,  and  imbecile,  education  of,  292,  359 
Deed,  tax  collector's,  form  of,  379 

to  and  from  school  district,  form  of,  383,  385 
Discipline,  need  of  precise  rules  thereon,  316 
Dismissing  teacher,  causes  for,  312 
Distraint  and  collection,  method  of,  347 

what  not  subject  to,  347 

Districts,  attendance  in  other,  how  regulated,  302,  303 
boundaries  of,  how  determined,  301,  302 
how  dissolved,  329 

how  laid  off  by  school  committee,  301 
may  tax  for  what  purposes,  342 
should  possess  what  equipment,  336 
three  ways  of  uniting,  328 
District  assessors,  no  such  officers  as,  344 

boundaries,  provisions  for  keeping  record  of,  303 
clerk,  duties  of,  330,  331 

records  of,  should  be  kept  how,  330,  331 

when  prima  facie  evidence,  331 
collector,  engagement  and  duties  of,  332 
form  of  bond  of,  377 
legal  fee  of,  332 
meetings,  how  to  be  notified,  339 

mode  of  conducting,  340 
note,  should  be  signed  by  treasurer,  332 
taxes,  abatement  of,  how  made,  348 
treasurer,  engagement  and  duties  of,  331,  332 
form  of  bond  of,  376 
must  give  bonds,  when,  331 
Dog  taxes,  when  to  be  credited  to  school  account,  296 

Education,  board  of.  See  State  Board  of  Education. 
Education  of  dependent  and  defective  classes,  358,  359 
Engagement,  of  officers  should  be  recorded,  340 

who  may  administer,  338 

who  must  take  an,  337 

37 


434  SCHOOL  MANUAL, 

Equipment  needed  for  each  school,  336 

Evening  schools,  appropriation  for,  and  care  of,  292 

place  for,  324 
Examination,  points  of,  307-311 

Fines  and  forfeitures,  remission  of,  292 
Form,  of  appeal  to  school  commissioner,  389 
of  annulling  certificates,  363 
of  bond  of  district  collector,  377 

treasurer,  376 
of  certificate  of  election  of  school  officers,  362 

engagement  of  school  officers,  363 
of  commencement  of  district  records,  367 
of  contract  to  build  schoolhouse,  370 

with  a  teacher,  364 
of  deed  from  a  school  district,  385 

to  a  school  district,  383 
of  incorporation  of  public  library,  391 
of  lease  of  building  by  district,  381 
of  note  given  by  a  school  district,  387 
of  notice  of  appeal,  390 

of  annual  district  meeting,  366 

of  special  district  meeting,  366 

of  district  meeting  by  school  committee,  365 

of  change  in  text-books,  389 
of  oath  to  be  taken  by  school  officers,  363 
of  order  on  school  fund,  388 

of  prayer  for  opening  and  closing  school,  393,  394 
of  record  of  choice  of  officers,  368 

of  vote  to  levy  tax,  373 
of  request  for  special  district  meeting,  367 
of  tax  bill,  or  assessment  list,  375 
of  tax  collector's  bond,  377 

deed,  379 

of  treasurer's  bond,  376 
of  vote  to  build  a  schoolhouse,  369 

to  devolve  care  on  school  committee,  369 

to  fix  form  of  seal,  387 

to  hire  money,  387 

to  sell  land  of  district,  385 


INDEX  TO   REMARKS  AND   FORMS.  435 

Form—  Continued. 

of  vote  to  take  a  lease,  382 

by  school  committee  to  form  joint  district,  388 

of  warrant  to  collect  a  tax,  375 
Free  public  libraries,  as  town  institutions,  295,  360 

care  of,  292 

form  for  incorporation  of,  391 

how  organized,  360 

G-Overn,  power  to,  how  discerned,  310,  311 
G-radation  of  schools,  to  be  urged,  323 

Holidays,  to  be  fixed  by  school  committee,  319 
Instruct,  ability  to,  importance  of,  310 
Joint  districts,  when  desirable,  303,  304 
Kindergarten,  age  of  admission  to,  318 

Lease  of  building  by  district,  form  of,  381 

Libraries,  free  public,  may  be  maintained  by  towns,  295,360 

suggestions  concerning,  359-361 
Literary  attainments  of  teachers,  307-309 
Moral  instruction,  nature  of,  to  be  taught,  350 
Meetings,  district,  adjourned,  legal  business  at,  340 

conduct  of,  340-342 

form  of  notice  of,  365,  366 

of  request  for  special,  367 
Moderator,  election  and  duties  of,  329 

has  no  casting  vote,  329 

no  judge  of  voter's  qualifications,  329 

should  maintain  order,  330 
Moral  character,  how  to  be  considered,  307 
Normal  school.    See  State  Normal  School. 
Note  given  by  school  district,  form  of,  387 
Notice,  of  district  meeting,  by  school  committee,  323 

form  of,  of  appeal,  390 

Oath,  form  of,  to  be  taken  by  school  officers,  363 
Offices,  qualifications  for,  337 

when  same  person  may  not  hold  two,  338 


436  SCHOOL  MANUAL. 

Order,  of  business,  in  hands  of  district,  341 
on  school  fund,  form  of,  388 

Parliamentary  law,  force  of,  in  district  meetings,  329 
Plans  for  building  or  repairs,  to  be  approved,  304,  305 
Poll  taxes,  when  to  be  credited  to  school  account,  296 
Prayer,  forms  of,  for  use  in  schools,  393,  394 

in  schools,  351 
Punishment  by  teachers,  extent  of,  allowable,  352-357 

for  acts  done  out  of  school,  354-356 
Pupils,  admitted  to  school  at  what  age,  318 

Qualifications,  for  office,  337 

for  voting,  339 

of  teachers,  what  constitute,  307-311 
Quorum  of  district  meeting,  none  fixed,  341 

Reading  of  Bible  in  schools,  351,  352 

Records,  of  district,  forms  of  commencement  of,  367 

of  meeting  may  be  proved  by  testimony,  340 
Record  vote,  when  moderator  should  call  for,  329 
Redemption  of  tax  sale,  how  done,  347 
Refusal,  of  certificate,  no  appeal  from,  349 
of  officers  to  act,  remedy  for,  335,  340 
Register,  teacher's  duty  with  reference  to,  348 
Resignations,  how  to  be  made,  338 
Restrictions  upon  paying  out  school  moneys,  320,  321 
Returns,  importance  of,  322 

how  and  by  whom  made,  322 
teacher's  duty  with  reference  to,  349 
R.  I,  Institute  for  the  Deaf,  359 
Rules  and  regulations,  nature  and  extent  of,  317-319 

to  be  made  by  whom,  317 
School  commissioner,  duties  of,  293 
election  of,  292 
judicial  functions  of,  293,  294 
School  committee,  annual  report  of,  298 
condition  of  membership,  297 
duties  of,  298-324 

as  to  schoolhouses,  304,  305 


INDEX  TO  REMARKS  AND  FORMS.        437 

School  committee-  Continued. 

have  final  power  over  certificates,  311 

meetings  of,  300 

records  of,  how  to  be  kept,  300,  301 

not  to  be  relieved  by  superintendent,  325 

number  of,  how  fixed,  299 

organization  of,  298,  299 

synopsis  of  duties  of,  327,  328 

vacancies  in,  how  filled,  299 

what  disqualifies  one  for,  297,  339 

women  eligible  to,  297 
School  libraries,  how  to  secure,  359 
School  moneys,  how  to  be  kept  and  disbursed,  296 
School  officers,  tenure  of,  338 
School  superintendents,324-326 

not  civil  officers,  324 

not  to  relieve  committee,  325 

suggestions  concerning,  326 
Schoolhouses,  location  of,  304,  305 
Schools,  how  may  be  carried  on,  294 

small,  how  to  be  treated,  320 
State  board  of  education,  composition  of,  292 
duties  of,  292 
meetings  of,  293 

State  Home  and  School  for  Children,  358 
State  normal  school,  trustees  of,  292 

Taxation,  general  provisions  concerning,  342,  343 
Taxes,  district,  assessment  of,  343-346 

collection  of,  346-348 

how  should  be  voted,  343 

must  be  assessed  by  trustee,  337 

must  be  paid  to  collector,  346,  347 

who  can  vote  for,  343 

why  to  be  approved  by  school  committee,  305 
Tax  bill,  or  assessment  list,  form  of,  375 
Tax  laws  of  the  State,  abstract  of,  345,  346 
Tax  warrant  remains  in  force,  how  long,  347 
Teachers,  cause  for  dismission  of,  312 

certificates  of,  308-312 


438  SCHOOL  MANUAL. 

Teacher  s— Continued. 

duties  of,  and  suggestions  to,  348-357 
as  to  registers,  348 
as  to  returns,  349 

form  of  contract  with,  364 

meetings  of,  should  be  encouraged,  335 

power  of,  to  punish,  352-357 

qualifications  of,  307-311,  349 

to  impart  moral  instruction,  350 
Text-books,  notice  of  change  in,  form  of,  389 

selection  of,  316 

uniformity  in,  when  desirable,  317 

what,  should  be  excluded,  317 
Town,  each,  fixes  its  own  limit  of  education,  294 

may  abolish  districts,  295 

may  establish  and  maintain  free  libraries,  295,  360 

required  to  maintain  schools,  294 
Town  clerk,  duties  of,  relating  to  schools,  295 
Town  system,  advantage  of,  295 
Town  treasurer,  duties  of,  as  to  returns,  296,  297 

relating  to  schools,  296 
to  school  committee,  296 
Trustees,  are  legal  custodians  of  schoolhouse.  334 

duties  and  powers  of,  332-337 

election  of,  332 

have  no  power  over  rules  and  regulations,  336 

number  of,  when  to  be  decided,  332 

returns  of,  nature  and  importance  of,  336,  337 

subject  to  penalty  for  neglect  of  duty,  335 

to  call  on  town  assessors  when  ;  how  proceed,  344 

when  three,  to  do  all  business  at  a  meeting,  333 

Vacancies  and  resignations,  how  to  be  treated,  338 
Visiting  schools,  benefits  of,  313 

duty  of  school  committee  as  to,  312 

how  to  be  conducted,  313-316 

two  phases  of,  316 
Vote,  to  levy  tax,  form  of  record  of,  373 

form  of,  to  build  schoolhouse,  339 


INDEX  TO   REMARKS  AND  FORMS.  439 

Vote— Continued. 

form  of,  to  devolve  care  on  school  committee,  369 
to  fix  form  of  seal,  387 
to  hire  money,  387 
to  sell  land  of  district,  385 
to  take  a  lease,  382 
by  committee  to  form  joint  district,  388 

Voting,  qualifications  for,  339 
"Warrant  to  collect  a  tax,  form  of,  375 


